High-quality aluminum multi-slide and bi-fold door systems that combine exceptional performance with clean design.
Our Series 7000 aluminum door systems address energy and structural requirements while promoting contemporary design.
Vinyl door systems that stand up to the elements and are nearly maintenance-free.
Moving walls of glass that stack or slide into pockets for extra wide openings.
Folding glass doors designed to smoothly stack and fold against side walls.
Packed with innovations that address energy and structural requirements.
These Terms and Conditions constitute a binding contract between WWS Acquisition, LLC dba Western Window Systems (“Western Window Systems”) and its Volume Program Registered Dealers (referred to herein as either “VP Terms and Conditions” or “Agreement”) and no conflicting terms of any other document or communication shall be binding. By submitting a purchase order, making a payment, or otherwise requesting volume program products (“VP Products”) from Western Window Systems, the Registered Dealer agrees to these VP Terms and Conditions and also agrees to provide a copy of Western Window Systems’ Product Information and Care & Maintenance Guide to end users.
Volume and semi-custom Quotations will be subject to change unless an order is received within 60 days from the quotation date and written approval (“Dealer Acknowledgement”) is received by the Registered Dealer. Any further price hold or guarantee must be agreed to in writing by a member of the VP management team. If we are selected to do this project, it is very important that you know exactly what you will receive, when you will receive it, the price you will pay, and the payment terms.
If, after reviewing the information provided in the Dealer Quote, you have any questions about what is included in a Quotation, we will be happy to provide you with a further explanation, drawings, or samples.
VP Product lead times are estimated at 20 production days. (All lead time measurements described herein relate to production days and therefore, do not include time for shipment or delivery). Western Window Systems uses commercially reasonable efforts to fill orders in accordance with the estimated lead time and shipment date. However, Western Window Systems will not be responsible for any delays in filling an order nor be liable for any losses or damages resulting from such delays, and no order shall be subject to cancellation for such delays.
The price you will pay is the total shown on the Dealer Acknowledgement, as modified by any subsequent approved change orders.
A properly completed Transaction Privilege Tax Exemption Certificate, for the state or region you are located in, must be on file with us.
The following payment terms are only available to Registered Dealers with open accounts in good standing.
Orders are not binding upon Western Window Systems until accepted and a Dealer Acknowledgement is sent. For Registered Dealers with an open account in good standing, VP Product orders do not require deposits. Orders exceeding the Registered Dealer’s credit limit at the time of the order may be approved, at Western Window Systems’ sole discretion, if the Registered Dealer’s account is in good standing. The final balance on all VP Product orders is due in the amount and on the date indicated in the Dealer Invoice.
For VP Products that are shipped via common carrier, partial shipments will be invoiced as they are shipped. Partial shipments and VP Products that are picked up or delivered crate and freight, or delivered by Western Window Systems will be invoiced upon receipt by the customer. If you are eligible for an early payment discount, the applicable terms will be reflected on the final
invoice. Any early payment discount is applicable to materials only, excluding freight, sales tax, and all other associated costs and will only be applied if the final balance due is received in our office no later than ten (10) days from the invoice date.
If any payments are more than thirty (30) days overdue, the account will be considered delinquent and subject to a one and a half percent (1 ½%) per month interest charge. If for any reason an invoice remains unpaid for more than forty-five (45) days or other grounds for insecurity arise with respect to a due payment, Western Window Systems may, in its sole discretion, demand different terms of payment or assurance, or stop production on any open orders and hold shipments until the account is brought current.
The Registered Dealer is required to immediately review the Dealer Acknowledgment to ensure it is accurate and consistent with all order specifications. Changes or modifications may only be made with the express approval of a member of
the VP management team. Due to the short lead times for our VP Products, orders may not be cancelled after a Dealer Acknowledgement is issued.
To the extent VP Products are shipped, transported, and delivered to the Registered Dealer by third-party carrier, such VP Products shall be delivered F.O.B Western Window Systems’ facility, located at 2200 E. Riverview Drive, Phoenix, Arizona 85034 (the “Facility”) and once provided by Western Window Systems to the carrier for transport, the VP Products shall be deemed to have been delivered and all risk of loss shall transfer to the Registered Dealer. To the extent VP Products are shipped, transported, and delivered to the Registered Dealer via Western Window Systems’ delivery trucks, such VP Products shall
be delivered F.O.B. the location requested by the Registered Dealer (and agreed to in writing) and once delivered to such location, the VP Products shall be deemed to have been delivered and all risk of loss shall transfer to the Registered Dealer. Notwithstanding the foregoing, title to the VP Products shall not pass to the Registered Dealer until Western Window Systems has received payment in full for such VP Products and any other VP Products previously sold to the Registered Dealer.
Upon receipt of a shipment, the Registered Dealer is required to immediately inspect the VP Products. Any damage, shortages, errors, or other inconsistencies with the Dealer Acknowledgement must be reported to Western Window Systems in writing within forty-eight (48) hours from receipt of the shipment. Failure to make such a claim within such forty-eight (48) hour period will constitute a waiver of all such claims by the Registered Dealer and such failure will constitute acceptance of the VP Products, as delivered.
In the event of any dispute between Western Window Systems and the Registered Dealer, the Registered Dealer shall not withhold payment of the purchase price of the VP Products purchased or any other amount payable to Western Window Systems in connection with this Agreement.
Registered Dealers shall conduct themselves in an honest and professional manner and at no time misrepresent Western Window Systems’ products, services, or warranties to any third-party. The Registered Dealer also shall not engage in any selling practices that are not sanctioned by Western Window Systems, including without limitation, sales practices which are unfair, deceptive, misleading, irresponsible, discriminatory or which unfairly misleads or induces an unwilling customer to make a purchase.
The Registered Dealer is also solely responsible to ensure that Western Window Systems’ VP Products are installed properly by experienced installation professionals and in strict compliance with AAMA requirements, applicable codes, and Western Window Systems’ written instructions. Each Registered Dealer is required to have at least one installation professional attend Western Window Systems’ VP installation class. This requirement also applies to any third-party installation contractor engaged by our Registered Dealers.
The Registered Dealer is solely responsible to review all conditions under which the VP Products will be installed and advise all parties necessary of any conditions that are hazardous, dangerous, or inappropriate for the selected VP Products.
The Registered Dealer is solely responsible for all acts or omissions performed by its agents, employees, and subcontractors and the Registered Dealer shall defend, indemnify, and hold Western Window Systems harmless against any and all claims, losses, or damages arising out of the conduct or omission of the Registered Dealer, its agents, employees, and subcontractors.
Western Window Systems is not responsible for determining the suitability of any product for a particular project, design, application, climate, condition, use, or customer need or purpose. Western Window Systems is also not responsible for determining whether the incorporation of its products into a building design will achieve a particular third-party certification or standard as windows and doors are only one factor in the building envelope. Determining such product suitability is the responsibility of the architect, contractor, Registered Dealer, installer, owner, user, and/or other construction professionals.
Western Window Systems will also not be responsible for any claims or damage arising from inappropriate selection of products, faulty building design or construction, improper installation, or inaccurate orders.
Western Window Systems also does not control the application or selection of its product configurations, sealant, or glazing materials and assumes no responsibility therefore. It is the responsibility of the architect, contractor, Registered Dealer, installer, owner, user, and/or other construction professionals to make these selections in strict compliance with applicable laws and codes.
Registered Dealers, and their employees, agents, and representatives, operate as independent contractors and are not employees, agents, or representatives of Western Window Systems, nor are they in a partnership or joint venture with Western Window Systems. No right is given to the Registered Dealer to enter into any agreement or commitment in the name of or on behalf of Western Window Systems or to bind Western Window Systems in any respect whatsoever. Neither shall anything contained herein or done in pursuance hereof, be deemed to authorize a Registered Dealer to act as the legal representatives of Western Window Systems for any purpose whatsoever.
Western Window Systems provides express limited warranties with its VP Products, which are available at www. westernvolumeprogram.com/faq/warranty. Western Window Systems makes no other warranties and expressly disclaims all other representations, warranties, conditions, or covenants of any kind, either statutory, express, or implied, including without limitation, any implied warranties of merchantability, durability, or fitness for a particular use, climate, condition, or durability. No distributor, dealer (Registered or otherwise), employee or representative of Western Window Systems has the authority to change, extend, or in any way modify Western Window Systems’ express limited warranties, either orally or in writing, and any such modification will have no force or effect.
Additional express limited warranties may also be offered by third-party component manufacturers. Contact Western Window Systems’ sales representative for further details.
Registered Dealer acknowledges and agrees that all intellectual property rights relating to Western Window Systems’ products, Western Window Systems, and/or this Agreement, including but not limited to all trademarks, service marks, copyrights, patents, trade names, trade secrets, logotypes, photography, advertising and other commercial symbols, and goodwill (collectively “Intellectual Property”), whether registered or not, used on or related to Western Window Systems, Western Window Systems’ products, or Western Window Systems’ websites: www.westernwindowsystems.com and www. westernvolumeprogram.com, are and shall remain the sole property of Western Window Systems. Nothing in this Agreement shall be deemed to confer upon or transfer to Registered Dealers any right, title, interest, or license, whether express or implied, in or to any of Western Window Systems’ Intellectual Property. Registered Dealer further agrees to immediately report to Western Window Systems any illegal use or infringement of Western Window Systems’ Intellectual Property.
The Registered Dealer and Western Window Systems (individually a “Party” and collectively the “Parties”) acknowledge that it may be necessary to share information of a confidential nature, such as information relating to either Parties’ services, products, personnel, clients, financial data, plans, forecasts, Intellectual Property, methodologies, algorithms, agreements, market intelligence, technical concepts, customer information, strategic analyses, pricing, internal developments, publications, accountings, or other conducted or planned activities (collectively “Confidential Information”). Both Parties agree that such information shall not be used for any purpose other than the performance of this Agreement or disclosed to anyone other than officers, employees, representatives, and related Parties with a need to know. In the event Confidential Information is required to be disclosed by court order, governmental agency, operation of law or pursuant to judicial, administrative or regulatory process, the disclosing Party shall provide prompt notice of such prospective disclosure in order to permit the opportunity for the other Party to seek appropriate relief. The Parties shall take such reasonable actions with their employees, representatives, agents, affiliates, subcontractors, and dealers, as necessary to effectuate the intent
of this provision and the confidentiality obligations imposed by this Agreement. Upon learning of any disclosure of either Parties’ Confidential Information not permitted under this provision, the disclosing Party shall provide prompt notice of the disclosure and take all steps necessary to return any disclosed information and to prevent further improper disclosures. The Parties acknowledge that any use or disclosure of Confidential Information in a manner inconsistent with this provision will cause irreparable damage and may entitle the damaged Party to injunctive or other equitable relief, in addition to any other remedies available by law or under this Agreement.
Western Window Systems will not be liable for any incidental, consequential, indirect, special, contingent, or punitive damages for: (i) any claim, whether based on a breach of warranty, breach of contract, tort, strict liability or otherwise; (ii) the tender of defective or nonconforming goods; (iii) breach of any other provision in this agreement; (iv) claims arising from contracts between the registered dealer and its customers, agents, employees, subcontractors, end-users, or other third-parties; or (v) any loss or claim, including without limitation, water intrusion and related damage, arising out of or in connection with any third-party recommendation, installation, modification, or repair. In no event will Western Window Systems’ liability exceed the purchase price paid for the subject product or component.
Western Window Systems will also not be liable for any claim, loss, or damages arising out of the installation of our products.
These Terms and Conditions and any sale of VP Products hereunder will be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of laws rules. All claims, disputes or controversies arising out of or relating to this Agreement, or the breach thereof, or the use of the VP Products, shall be submitted to arbitration in Phoenix, Arizona by a single arbitrator, mutually agreed to by the Parties. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) for U.S. Sales. Any judgment on the award rendered by the arbitrator may be entered in any U.S. court having jurisdiction.
Western Window Systems will not be liable for delays in lead times or shipment of any order or failure in the performance of any of its obligations caused by accidents, labor disputes, shortages of labor, materials, fuel or power, fires, floods or other acts of God, acts or omissions of the Registered Dealer, restrictions imposed by national or local legislation or regulations, or any cause, whether similar or dissimilar to those enumerated in this section, including without limitation cease of production/ operation by a company due to economic hardship, which is beyond the control of Western Window Systems.
If any provision in this Agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be enforced to the maximum extent valid and enforceable and the other provisions shall not be affected but shall remain in full force and effect.
In the event Western Window Systems decides, in its sole discretion, to deviate from any of the terms in this Agreement, such exception shall apply only to the limited circumstance and limited time for which it was granted and shall not be construed as a waiver of Western Window Systems’ right to strictly enforce any provision hereunder.
Western Window Systems | 2200 E. Riverview Dr., Phoenix, AZ 85034
877-268-1300 | Copyright © 2019. All Rights Reserved.
