Sales Contract Terms and conditions

Window Broker Sales Agreement
It is understood that this agreement upon acceptance, the buyer agrees that the following has been reviewed by the Seller and accepted by the Buyer.


  •  Details of the product and installation – as per the attached quote.  Including, but not limited to the difference between a Frame-in / Frame-out installation.
  • All colour combinations with the product and installation materials.
  • Swing direction and hinge sides on all doors and casement windows
  • Payment terms and related interest and/or administrative charges (where applicable)
  • Any installation delays resulting from Buyer’s request undisclosed in writing at the time of this contract, will require payment-in-full within two (2) weeks of the initial attempt to book the installation date.  Storage fees may apply.


 

TERMS AND CONDITIONS

 

The following terms and conditions are part of the contract set forth on the other side hereof and are binding on the parties thereto:


1.      It is understood that this agreement upon acceptance by the seller shall constitute a binding contract to purchase, and it is further understood and agreed that if the buyer refused to permit the completion of the work called for in the agreement for any reason whatsoever, the buyer agrees to reimburse the seller all costs, expenses and damages, including sales commission and anticipated loss of profit incurred by seller.

 2.      It is understood and agreed that the seller will furnish only such materials and labour as set out in this agreement, and that the seller will not be responsible for any agreements between the buyer and the sales representative except as set out on the face of this agreement.  All materials installed by Window Broker are guaranteed to be free from defects by the manufacturer, where applicable.  In the event of the default of and of the said installments, the whole amount remaining unpaid shall forthwith become due and payable without demand or notice with interest on the amount overdue and unpaid at the rate of 2% per month (24% per annum).  The buyer hereby authorizes the seller to obtain such credit information and reports as is required regarding the undersigned from others, as permitted by law.  Window Broker does not provide any painted trim and all such material comes as paint grade only.  Window Broker does not provide any plumbing or electrical services and any such requirements must be done by a licensed professional prior to the installation date, to be arranged by the Buyer.  Any type of Blinds, California Shutters or Window Coverings in General (but not limited to) are the responsibility of the Buyer and are to be removed prior to the installation date.  And while all reasonable efforts at the discretion of Window Broker will be made to re-attach any Blinds, California Shutters or Window Coverings (but not limited to), Window Broker takes no responsibility in ensuring they can be re-attached and fitted.

 3.      A negotiable promissory note bearing even date herewith and payable upon the same terms is being given by buyer to seller contemporaneously herewith as evidence of but not in payment of said total deferred balance.  The said promissory note is a negotiable instrument and seller may discount and negotiate the same to a third party as a negotiable instrument without being subject to the equities between the parties hereto, and the holder shall become a holder in due course.

4.      Title and ownership in and to the materials shall remain in seller at buyer’s risk until the entire purchase price, interest and all costs are fully paid in cash including payment of any note, renewal note, or extension given or judgment secured.  Buyer will not part with possession of the materials or property to which the materials are affixed and add the amount thereof to the amount hereby secured and the whole amount hereby secured shall fall due forthwith.

5.      Customer information:  You authorize and consent to the collection, use, disclosure and verification, from time to time of any credit, personal or other information about you at any time from, to, or with any credit bureau, reporting agency, financial institution or any other person and you authorize those parties to give such information to Window Broker and/ or permitted successors and assigns for purposes of providing the services and Products contemplated herein.  You understand that such information will be collected, used and disclosed in order to assess your credit worthiness in connection with this Contract, and/or your ongoing credit worthiness. Buyer agrees to execute credit applications and to supply all information for the proper establishment of credit immediately upon request by seller.  Buyer agrees to execute any promissory note, completion certificate or other documents required by seller in connection with this contract.  In the event buyer’s credit is not approved, seller may cancel this contract, and buyer will be refunded any payments made by buyer, but shall not be entitled to any further claim

6.      It is understood and agreed that unless otherwise stipulated in writing, obtaining of any building permit and the complying with local building by-laws is Buyer’s responsibility.

7.      Buyer agrees that seller shall not be liable for delays in or failure to complete delivery or installation of all or any of the said materials if due to fire, strikes, weather conditions, war, governmental regulations of any cause beyond the control of seller.

 8.      Buyer agrees that extra materials on the job that are not required under this contract are the property of seller and must be returned to seller on completion of the contract.

 9.      Seller agrees that all work done by the seller will be performed in a workmanlike manner.

 10.   BUYER’S RIGHT TO CANCEL:  This contract is not subject to cancellation by the buyer(s) except as otherwise stated herein or for conditions allowed for under the Consumers Protection Act of Ontario.  The Act states:  23.2 (2) A Buyer under a direct sales contract may, without any reason, cancel the contract at any time from the date of entering into the contract until 10 days after receiving the written copy of the contract mentioned in section 23.2. 1999, c12, Sched. F,s. 15.  23.3 (2) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year from the date of entering into the contract if the seller, (a) does not deliver the goods required by the contract within 30 days of the delivery date specified in the contract or an amended delivery date agreed upon in writing by the buyer and the seller: or (b) does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller. 1999, c. 12 Sched. F, s.15.  23.3 (4) If, after the period mentioned in subsection (3) has expired, The Buyer accepts delivery of the goods or authorizes the services to begin, The Buyer may not cancel the direct sales contract under subsection (3). 1999, c. 12, Sched. G,s.15. To cancel, you must give notice of cancellation at the address of the seller shown on the first page of this contact.  23.1 (4) The notice of cancellation may be given by any means registered mail, or email info@windowbroker.ca or any other method by which The Buyer can provide evidence of the date of canceling the direct sales contract.  1999, c. 12, Sched. F, s. 15.


Any Buyer attempting to cancel this contract after the 10 days will be accountable for all costs incurred in the selling and manufacturing process including but not limited to the full contract amount.  Should an intent to cancel the contract after the 10 days has passed, Then a 30% of the total contract/ cancellation charge.

11.   There are no representations, collateral agreements, conditions or warranties, express or implied, by statute or otherwise on the part of the seller with respect to the said materials or this contract or affecting the rights of the parties other than as specifically contained herein or attached hereto forming part of this contract.

 12.   This contract, all it’s covenants, promises and conditions shall ensure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto.

 13.   It is expressly agreed by the parties hereto that should the buyer default in performance of the conditions contained in this contract, then the deposit paid at the time of execution of this contract to the seller, shall at the option of the seller, be designated liquidated damages and payable forthwith to the seller.

 14.   Some humidity necessary for comfort and health.  With many houses it is a struggle to keep enough moisture inside the house and maintain an acceptable comfort level for the occupants.  Frequently humidifiers are installed to add moisture to the air but their use must be controlled or surface condensation problems may result.  Unfortunately a dry house may indicate a high leakage rate (depending on the amount of moisture added by the householder), and this in turn contributes to conceal condensation.  Because windows do not provide much resistance to heat loss, they are often the coldest component of a building enclosure, and can be an indicator of humidity problems.  As condensation occurs on inside window surfaces whenever surface temperature falls below the dew point temperature of the room air, it may be a warning signal to reduce the humidity in your residence.


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Inside Relative Humidity for 21°C with Double Glazing

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               Outside Air Temp.                              Indoor Relative Humidity

        ____________________________________________________

                -28°C or below                          not over 15%

                -28°C to -23°C                           not over 20%

                -22°C to -17°C                           not over 25%

                -16°C to -12°C                           not over 30%

                -16°C to –  6°C                           not over 35%

                –  5°C to    4°C                           not over 40%


If moisture can be reduced to the humidity shown above,

     It may help cure troublesome surface condensation problems.


15.   The Contract shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein.

Warranty

  • TRANSFERABLE LIFETIME PRODUCT & LABOUR WARRANTY YOU HAVE CHOSEN WINDOW BROKER, THE INDUSTRY’S BEST PERFORMING VINYL WINDOWS WE ARE SO SURE THEY WILL PERFORM FOR A LIFETIME WE HAVE NO FINE PRINT. LIFETIME WARRANTY ON FRAME & SASH LIFETIME WARRANTY ON HARDWARE & MOVING PARTS LIFETIME WARRANTY ON SCREEN & SCREEN FRAME LIFETIME WARRANTY ON GLASS SEAL LIFETIME LABOUR  WARRANTY TRANSFERABLE WARRANTY TO THE NEXT HOME OWNER 
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