Terms and Conditions

1. APPLICABILITY OF TERMS.

These terms and conditions (“Terms and Conditions”) shall apply to, and govern, the purchase, sale, supply, installation and use of any Cascadia Windows Ltd. (“Cascadia”) products (“Products”) identified in (i) a supply quotation (“Quotation”) or (ii) a supply agreement and/or purchase order form (“Order Form”) provided to or by a purchaser of Products (“Purchaser”).

Other than the Cascadia Windows & Doors - Warranties & Limitations and Cascadia Limited Warranty for Installation Works, Cascadia hereby objects to any conflicting, additional and/or different terms contained in any Quotation, Order Form or other documents provided to or by Purchaser, and the same shall not become part of these Terms and Conditions unless specifically authorized in writing an authorized representative of Cascadia.

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

Purchaser acknowledges that any volatility in the markets for any inputs associated with the manufacture, supply, delivery or installation of Products may impact Cascadia’s ability to supply the Products at the price (“Quoted Price”) indicated in a Quotation or Order Form or within the lead time for delivery (the “Quoted Time”) indicated in the Quotation or Order Form, and that Cascadia would not be willing to enter into an order for Products (an “Order”) with Purchaser without the ability to change the Quoted Price and/or Quoted Time.

Accordingly, Purchaser agrees that both the Quoted Price and/or Quoted Time are subject to change after acceptance of an Order due to price escalation in inputs, including, but not limited to, material costs, transportation costs (including fuel surcharges), or the availability of materials required by Cascadia to fulfill the Order.

At any time after the date of an Order, Cascadia may increase the Quoted Price and/or Quoted Time by providing written notice to Purchaser of the increase (an “Increase Notice”), provided that Cascadia presents Purchaser with evidence, in the form of correspondence or other records from Cascadia’s supplier(s) or service provider(s), of an increase in price and/or the unavailability of materials or services that impacts the Quoted Price and/or Quoted Time of an Order.

In the event that a price escalation of inputs (including, but not limited to, fuel surcharges) results in an increase in the Quoted Price of 15% or less, Purchaser agrees to accept and pay the revised Quoted Price in accordance with the payment terms set out in these Terms and Conditions. In the event of an increase in the Quoted Time of 30 days or less, Purchaser agrees to accept the revised Quoted Time.

In the event that an increase in the Quoted Price is more than 15% of the Quoted Price, or the increase in the Quoted Time is more than 30 days, the Purchaser shall have three (3) days after receipt of an Increase Notice to cancel an Order, subject to any applicable cancellation fees, by providing Cascadia with a written request for cancellation (a “Cancellation Request”).

Purchaser’s failure to provide Cascadia with a Cancellation Request within the period specified herein shall operate as Purchaser’s acceptance of the revised Quoted Price and/or Quoted Time and Purchaser agrees to pay Cascadia the revised Quoted Price in accordance with the payment terms set out in these Terms and Conditions.

3. SHOP DRAWINGS.

If shop drawings are provided by Cascadia with respect to an 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 or for any losses, damages or performance failures or inadequacies resulting therefrom, and Cascadia’s acceptance of such specifications shall be based upon final approval by Purchaser or its representatives or agents or architects, engineers or other third parties retained by the Purchaser.

4A. SUPPLY ONLY

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.

4B. SUPPLY AND INSTALLATION 

Cascadia may offer, directly or through one or more third-party contractors retained by Cascadia, installation services (“Installation Services”) in respect of Products as expressly specified in the Quotation or Order Form at the Quoted Price and Quoted Time set out therein, as applicable.

The provision of Installation Services shall be subject to Section 3 of these Terms and Conditions and to the shop drawings, specifications, installation details and other requirements approved by Cascadia for the applicable Order.

Purchaser shall be responsible, at its sole cost and expense, for ensuring that the project site, framing, substrates, building surfaces and other site conditions are complete, accurate, properly aligned, structurally sound and otherwise ready and suitable for installation of the Products before Cascadia commences Installation Services.

Purchaser acknowledges and agrees that Cascadia will install the Products on and into the building conditions made available to Cascadia by the Purchaser, and that Installation Services do not include any allowance for investigating, correcting, repairing, modifying, or accommodating deficient, incomplete, mis-aligned, out-of-plumb, unsuitable, or non-compliant site conditions. Any work necessary investigate, correct, repair, modify or accommodate deficient, mis-aligned, out-of-plumb, unsuitable, or non-compliant site conditions may be completed by Cascadia for an additional charge over and above the Quoted Price (as modified in Section 2, as applicable).

5. LEAD TIME REQUIRED PRIOR TO DELIVERY.

Provided that an Order Form 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 Quotation Price shall be due upon Purchaser’s submission of an Order to Cascadia, which payment will be applied pro rata in partial payment for each item ordered. The balance of the Quotation Price shall be paid prior to delivery or shipment of the Products. Any amounts above and beyond the Quotation 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 Form, and must be made in the currency specified in the Order Form. 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, including Installation Services, and collect any Product from Purchaser for which payment has not been made.

7. WARRANTIES AND LIMITATIONS.

Cascadia provides Purchaser with the Cascadia Windows & Doors – Warranties & Limitations (a copy of which is attached hereto and expressly incorporated by reference as though fully set forth herein) in respect of the sale, supply, installation and use of Product and the Cascadia Limited Warranty for Installation Works (a copy of which is available upon request from a Cascadia representative) in respect of the Installation Services carried out by Cascadia

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.

In no event shall Cascadia or any of its representatives be liable to Purchaser or any third party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including, but not limited to, any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not Purchaser was advised of the possibility of such damages.

In no event shall Cascadia’s aggregate liability arising out of or related to these Terms and Conditions, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Cascadia for the Products sold hereunder.

10. INDEMNIFICATION.

To the extent permitted by law, Purchaser agrees to indemnify, defend and hold harmless Cascadia and its officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including legal fees, disbursements and charges, fees and the costs of enforcing any right to indemnification under these Terms and Conditions (including the cost of pursuing any insurance provides) in respect of any third-party claim relating to, arising out of resulting from the sale, supply, installation or use of the Products.

11. DISPUTES, REMEDIES AND LIMITATIONS.

These Terms and Conditions and any Quotation and Order Form shall be governed and interpreted under the laws of the Province of British Columbia, Canada.

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 Arbitration Act (British Columbia).

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 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 the 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.

NOTIFICATION AND VERIFICATION:

Cascadia shall not be liable to Purchaser for the warranties set forth herein unless: (i) Purchaser gives written notice of the defective products, reasonably described to Cascadia within thirty (30) days of the time when Purchaser discovers or ought to have discovered an alleged warrantable defect; (ii) if applicable, Purchaser provides Cascadia with a reasonable opportunity after receiving the notice of breach of the warranty set forth herein to examine such products, and Purchaser (if Cascadia so reasonably requests) shall return such products to Cascadia’s place of business at Purchaser’s cost for the examination to take place there; and (iv) Cascadia reasonably verifies Purchaser’s claim that the products are defective.

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:

CASCADIA’S MAXIMUM LIABILITY IN THE CASE OF ANY WARRANTY CLAIM MADE PURSUANT TO THIS WARRANTY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS.

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.

No variation or change from the Warranty will be binding upon Cascadia unless made in writing specifically referencing the Warranty and duly executed by an authorized signatory of Cascadia.

This Warranty extends only to the original Purchaser and will not be construed to extend to any third-party. This Warranty is not assignable or transferable.

1. APPLICABILITY OF TERMS.

These terms and conditions (“Terms and Conditions”) shall apply to, and govern, the purchase, sale, supply, installation and use of fiberglass Cascadia Clip® Thermal Spacers (“Cascadia Clips”) provided by Cascadia Windows Ltd. (“Cascadia”) identified in a supply quotation (“Quotation”) or purchase order form (“Order Form”) provided to or by a purchaser of Cascadia Clips (“Purchaser”).

Other than the Cascadia Limited Express Warranty for Cascadia Clips (the “Cascadia Clips Limited Warranty”) and the Cascadia Limited Warranty for Installation Works (the “Installation Limited Warranty”), Cascadia hereby objects to any conflicting, additional and/or different terms contained in any Quotation, Order Form or other documents provided to or by Purchaser, and the same shall not become part of these Terms and Conditions unless specifically authorized in writing by an authorized representative of Cascadia.

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

Purchaser acknowledges that any volatility in the markets for inputs associated with the manufacture, supply, delivery or installation of Cascadia Clips may impact Cascadia’s ability to supply such products at the price (“Quoted Price”) indicated in a Quotation or Order Form or within the lead time for delivery (“Quoted Time”) indicated in a Quotation or Order Form, and that Cascadia would not be willing to enter into an order for Cascadia Clips (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 of an Order due to price escalation in inputs including, but not limited to, material costs, transportation costs, and the availability of materials required by Cascadia to fulfill the Order.

At any time after the date of an Order, Cascadia may increase the Quoted Price and/or the Quoted Time by providing written notice to Purchaser of the increase (an “Increase Notice”), provided that Cascadia presents Purchaser with evidence in the form of correspondence or other records from Cascadia’s suppliers or service providers, of an increase in price and/or the unavailability of materials or services that impacts the Quoted Price and/or Quoted Time of an Order.

In the event that a price escalation of inputs (including, but not limited to, fuel surcharges) results in an increase in the Quoted Price of 15% or less, Purchaser agrees to accept and pay the revised Quoted Price in accordance with the payment terms set out in these Terms and Conditions. In the event of an increase in the Quoted Time of 30 days or less, Purchaser agrees to accept the revised Quoted Time.

In the event that an increase in the Quoted Price is more than 15% of the Quoted Price, or the increase in the Quoted Time is more than 30 days, Purchaser shall have three (3) days after receipt of an Increase Notice to cancel the Order, subject to any applicable cancellation fees, by providing Cascadia with a written request for cancellation (a “Cancellation Request”).

Purchaser’s failure to provide Cascadia with a Cancellation Request within the period specified herein 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 set out in these Terms and Conditions.

3. INSTALLATION WORKS.

Cascadia may offer such installation services (“Installation Services”) in respect of Cascadia Clips as expressly specified in the Quotation or Order Form at the Quoted Price and Quoted Time set out therein, as applicable.

In connection with any Installation Services provided by Cascadia to Purchaser, in addition to the responsibilities of Purchaser set out in Section 5 below, unless Cascadia has been retained to provide Installation Services in accordance with Section 4, Purchaser shall provide Cascadia with detailed shop drawings defining Cascadia Clip layout, Cascadia Clip configurations and the location of architectural features requiring specific Cascadia Clip installation (collectively, “Clip Specifications”).

Purchaser shall be responsible, at its sole cost and expense, for ensuring that the project site, framing, substrates, building surfaces and other site conditions are complete, accurate, properly aligned, structurally sounds and otherwise ready and suitable for installation of the Products before Cascadia commences Installation Services.

Purchaser acknowledges and agrees that Cascadia will install Cascadia Clips on and into building conditions made available to Cascadia by the Purchaser, and that Installation Services do not include any allowance for investigating, correcting, repairing, modifying, or accommodating deficient, incomplete, mis-aligned, out-of-plumb, unsuitable, or non-compliant site conditions. Any work necessary investigate, correct, repair, modify or accommodate deficient, mis-aligned, out-of-plumb, unsuitable, or non-compliant site conditions may be completed by Cascadia for an additional charge over and above the Quoted Price (as modified in Section 2, as applicable).

4. SHOP DRAWINGS & ENGINEERING.

Unless otherwise specified in the Quotation or Order Form, the Quoted Price set out therein shall not include the costs associated with the provision by Cascadia of shop drawings, including Clip Specifications in respect of the installation of any Cascadia Clips, as applicable (“Shop Drawings”), engineering services or shipping (collectively, “Additional Services”).

In respect of an Order, Purchaser is responsible for providing Cascadia with Shop Drawings, specifications and other applicable requirements (collectively, “Purchaser Specifications”).

Cascadia assumes no liability whatsoever for its interpretation of Purchaser Specifications or for any losses, damages or performance failures or inadequacies resulting therefrom, and Cascadia’s acceptance of such Purchaser Specifications shall be based on final approval by Purchaser or its representatives or agents, or architects, engineers or other third parties retained by Purchaser. Notwithstanding the foregoing, Cascadia may provide Purchaser with Additional Services for an additional charge.

In the event that Purchaser engages Cascadia to provide any Additional Services, any Shop Drawings provided by Cascadia in respect of an Order shall take precedence over any Purchaser Specifications provided by, or on behalf of, Purchaser to Cascadia in respect of such Order.

5. PURCHASER RESPONSIBILITIES.

Purchaser acknowledges and agrees that: (i) it is aware of all applicable code requirements; (ii) the responsibility to ascertain the suitability of Cascadia Clips for project specific applications is the sole responsibility of Purchaser; (iii) it is responsible for understanding the Cascadia Clip and girt configurations and requirements for proper design and installation of such products, including but not limited to, the attachment, spacing (other than in respect of Orders for which Cascadia is providing an engineered drawing and calculation set), code requirements and technical requirements for the products supplied to Purchaser by Cascadia; (iv) it is responsible for preparing the project or building design to allow for proper installations of Cascadia products; (v) it is responsible for arranging and providing scaffolding and access to elevated work areas in respect of Order locations where Cascadia has been engaged to provide Installation Services; (vi) it is responsible for ensuring the suitability of back-up studs, or other substrates, to carry loads and to provide suitable fastener pull-out resistance; and (vii) it is responsible for ensuring the accuracy and quality of girts, including sizes, alignments, fastening provisions, workmanship quality and other building details, as required in order for the Cascadia Clips to function properly and within Cascadia’s specified tolerances and requirements.

Purchaser acknowledges and agrees that Cascadia shall have no responsibility or liability for any damages or poor product performance that may result as a consequence of Purchaser’s failure to fulfill its obligations and responsibilities as set forth in this Section 5.

6. 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 Cascadia Clips installed by any party other than Cascadia, or in a case where the project or building where the Cascadia Clips are installed (by Cascadia or otherwise), including backup studs or other substrate to which the cladding supports are fastened, is improperly designed so as to affect the performance of the Cascadia Clips, where such improper installations or designs affect the performance of the supplied Cascadia Clips.

7. LEAD TIME REQUIRED PRIOR TO DELIVERY & SHIPPING.

Provided that an Order Form 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, delays or 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 Form, pick up from Cascadia’s facility located in Langley, British Columbia, Canada, can be scheduled by Purchaser during normal business hours.

8. PAYMENT.

To ship Orders, Cascadia requires payment in full of the Quoted Price, price for Additional Services as well as any other applicable charges or fees owing if Purchaser does not have approved credit terms with Cascadia (“Approved Terms”). In the case of Approved Terms, any required deposit is due before products are shipped, with payment of outstanding balance due 30 days after the shipping date, unless the Approved Terms indicate otherwise.

All payments shall be submitted to Cascadia’s address as shown in the Order Form, and must be made in the currency specified in the Order Form. 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 cheque 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 such outstanding amount. In the event of late or non-payment Cascadia reserves the right to stop work, including Installation Services, and collect any Cascadia Clips from Purchaser for which payment has not been made.

9. WARRANTIES AND LIMITATIONS.

Cascadia provides Purchaser with the Cascadia Clips Limited Warranty (a copy of which is attached hereto and expressly incorporated by reference as though fully set forth herein) in respect of the sale, supply and use of Cascadia Clips and the Installation Limited Warranty (a copy of which is available upon request from a Cascadia representative) in respect of the Installation Services carried out by Cascadia.

10. LIMITATION OF DAMAGES.

CASCADIA’S LIABILITY FOR ANY AND ALL CLAIMS MADE AGAINST IT ARISING FROM THE SALE, SUPPLY AND USE OF ITS PRODUCTS SHALL CEASE IF NO ACTION IS COMMENCED PRIOR TO THE COMPLETION OF THE INSTALLATION OF THE PRODUCTS IN RESPECT OF PRODUCTS FOR WHICH INSTALLATION SERVICES ARE BEING PROVIDED.

IN NO EVENT SHALL CASCADIA OR ANY OF ITS REPRESENTATIVES BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PURCHASER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CASCADIA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO CASCADIA FOR THE CASCADIA CLIPS SOLD HEREUNDER.

11. INDEMNIFICATION.

To the extent permitted by law, Purchaser shall indemnify, defend and hold harmless Cascadia and its officers, directors, employees and agents (collectively, “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, disbursements and charges, fees and the costs of enforcing any right to indemnification under these Terms and Conditions (including the cost of pursuing any insurance providers) in respect of any third-party claim relating to, arising out of or resulting from the sale, supply, installation or use of the Cascadia Clips.

12. DISPUTES, REMEDIES AND LIMITATIONS.

These Terms and Conditions, the Cascadia Clips Limited Warranty, the Installation Limited Warranty and any Quotation and Order Form 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 Arbitration Act (British Columbia).

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 receipt of a written notice of a claim or dispute.

13. 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.

14. RETURN POLICY.

All returns of Cascadia Clips must be made within 30 days of the later of: (i) the date of delivery of the Cascadia Clips; and (ii) in respect of Cascadia Clips for which Cascadia is providing Installation Services, the date of completion of such Installation Services.

Prior to returning any Cascadia Clips, Purchaser must notify Cascadia of its intention to initiate a return (a “Return Request”), with each Return Request being subject to prior review and approval by Cascadia within a reasonable period of time of the initiation of each Return Request. Once a Return Request is approved, all returned Cascadia Clips subject to such Return Request must be received in new, unused condition.

Refunds for any returned Cascadia Clips will be issued to the Purchaser in the original form of payment, subject to a 30% restocking fee applied to all returns. At the discretion of the Purchaser, such restocking fee can be set off against the amount to be refunded to the Purchaser or applied as a credit on any new order from Cascadia that occurs within 60 calendar days of the Return Request.

Purchaser is responsible for all shipping and handling charges on returned Cascadia Clips and bears the risk of loss during shipment.

Cascadia, in its sole discretion, reserves the right to reject any Return Request that does not accord with the terms and obligations set out herein.

15. INVENTORY STORAGE FEES.

In respect of Orders for which no Installation Services are being provided, Orders not collected or arranged to be delivered by Purchaser within five (5) days after Purchaser is notified by Cascadia of the Order being ready shall be subject to a storage fee of $10/pallet/day.

CASCADIA CLIP® THERMAL SPACER - LIMITED EXPRESS WARRANTIES & LIMITATIONS

Cascadia Windows Ltd. (“Cascadia”), with respect to the sale, supply and use, of its fiberglass Cascadia Clip® Thermal Spacers (the “products”) and subject to the exclusions and limitations herein, provides to the original purchaser of the products (“Purchaser”) the following limited express warranty (the “Warranty”):

1. FIBERGLASS THERMAL SPACERS:

Cascadia warrants that, from the date of shipment of the products to Purchaser, or in the case of products for which Cascadia is providing installation services, from the date of substantial completion of the installation of the products, and for a period of ten (10) years following the date of shipment or installation, as applicable, (in each case, the “Warranty Effective Date” as noted at the end of this Warranty) that the products shall be free from defects in materials and workmanship.

2. EXCLUSIONS:

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

1. damage to goods arising from improper handling, accidents, abuse, negligence, improper storage, abnormal physical stress, abnormal environmental conditions, any use contrary to any instruction issued by Cascadia, vandalism or any other causes beyond Cascadia’s control;
2. malfunction or reduced performance resulting from improper building design or, in the case of product installations not completed by Cascadia, product installation;
3. defects or damage resulting from any modification of the product(s) without Cascadia’s written approval; or
4. failure by Purchaser to fulfill its obligations and responsibilities as set forth in Section 5 of the Cascadia Clip® Thermal Spacers Terms and Conditions (the “Terms and Conditions”).

3. NOTIFICATION AND VERIFICATION:

Cascadia shall not be liable to Purchaser for the warranties set forth herein unless: (i) Purchaser gives written notice of the defective products, reasonably described to Cascadia within thirty (30) days of the time when Purchaser discovers or ought to have discovered an alleged warrantable defect; (ii) if applicable, Purchaser provides Cascadia with a reasonable opportunity after receiving the notice of breach of the warranty set forth herein to examine such products, and Purchaser (if Cascadia so reasonably requests) shall return such products to Cascadia’s place of business at Purchaser’s cost for the examination to take place there; and (iv) Cascadia reasonably verifies Purchaser’s claim that the products are defective.

4. REMEDY:

CASCADIA’S SOLE LIABILITY AND PURCHASER’S EXCLUSIVE REMEDY WITH RESPECT TO THIS WARRANTY SHALL BE LIMITED TO, AT THE SOLE DISCRETION OF CASCADIA: (I) REPAIR OR REPLACE OF DEFECTIVE PRODUCTS COVERED BY THE WARRANT; OR (II) CREDIT OR REFUND THE AMOUNTS PAID BY PURCHASER FOR SUCH PRODUCTS PROVIDED THAT, IF CASCADIA SO REQUESTS, PURCHASER SHALL, AT PURCHASER’S EXPENSE, RETURN SUCH PRODUCTS TO CASCADIA.

5. 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, CONDITION AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE 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.

Limited warranties in respect of product installation carried out by Cascadia are provided for in the Cascadia Limited Warranty for Installation Works which is available upon request from a Cascadia representative.

6. LIMITATION OF CLAIMS:

CASCADIA’S MAXIMUM LIABILITY IN THE CASE OF ANY WARRANTY CLAIM MADE PURSUANT TO THIS WARRANTY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS.

No variation or change from the Warranty will be binding upon Cascadia unless made in writing specifically referencing the Warranty and duly executed by an authorized signatory of Cascadia.

This Warranty extends only to the original Purchaser and will not be construed to extend to any third-party. This Warranty is not assignable or transferable.