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Legal
STANDARD TERMS AND CONDITIONS:
1. Terms
Acceptance of this Proposal/Quote (“Proposal”) by Customer/Contractor
(“Contractor”), constitutes an order and contract for the purchase of the
materials and/or services described in Proposal. If Customer/Contractor
does not accept this Proposal within 30 days, Giroux Glass, Inc. (“Giroux”)
reserves the right to change the services and/or equipment and prices
quoted. Signature on this document or issuance of a purchase order or other
writing by Customer/Contractor expressing an intention to purchase the
services/equipment that is the subject of this Proposal constitutes
acceptance of the scope of work and these Terms and Conditions
(“Agreement/Contract”). Any additional orders, changes or extras for
material or labor will be subject to all terms and conditions of this
Agreement. No terms, provisions, or conditions of any previously or
subsequently submitted Customer/Contractor agreement or purchase order
(including but not limited to any verbal representation or understandings)
should have any effect on the obligations of the parties under or otherwise
modify this Agreement/Contract.
2. Payment
Giroux shall be paid monthly progress payments on or before the 15th of
each month for the value of work completed plus the amount of materials and
equipment suitably stored on or off site. Final payment shall be due 30
days after the work described in the Proposal is substantially completed.
No provision of this Agreement/Contract shall serve to void Giroux’s
entitlement to payment for properly performed work or suitably stored
materials or to require Giroux to continue performance if timely payments
are not made to Giroux for suitably performed work or stored materials or
to void Subcontractor’s right to file a lien or claim on its behalf in the
event that any payment to Giroux is not timely made.
3. Delays
Giroux shall be given a reasonable time in which to make delivery of
materials and/or labor to commence and complete the performance of the
Agreement/Contract. Giroux shall not be responsible for delays or defaults
where occasioned by causes of any kind and extent beyond its control,
including but not limited to: delays caused by the Owner, Contractor,
Architect and/or Engineers, delays in transportation, shortage of raw
materials, civil disorders, labor difficulties, vendor allocations, fires,
floods, accidents and acts of God. Giroux shall be entitled to equitable
adjustment in the Agreement/Contract amount for additional costs due to
unanticipated project delays or accelerations caused by others whose acts
are not Giroux’s responsibility and to time extensions for unavoidable
delays. The Contractor shall make no demand for liquidated damages for
delays in excess of the amount specified in the Agreement/Contract and no
liquidated damages may be assessed against Giroux for more than the amount
paid by the Contractor for unexcused delays to the extent actually caused
by Giroux. Any such delays will be considered an extension to the project
schedule.
4. Construction Schedule
The construction schedule shall be mutually agreed upon to establish the
activities, sequencing, and working time necessary to perform and complete
the contracted scope. All work performed outside of such hours shall be
charged for at a rate or amounts agreed upon by the parties at the time
overtime is authorized.
5. Extra Work, Change Orders and Back Charges
Changes, deletions and additions to Giroux’s work will not be performed
without an approved change order with an agreed price. Field change orders
will be performed on a time plus material basis. Unless notified in writing
to the contrary by the Contractor, Giroux will assume the Contractor’s
field personnel are authorized to issue field change orders. No back
charges or claim of the Contractor for services shall be valid except by an
agreement in writing by Giroux before the work is executed, except in the
case of Giroux’s failure to meet any requirement of the Agreement/Contract.
In such an event, the Contractor shall notify Giroux of such default, in
writing, and allow Giroux reasonable time to correct any deficiency before
incurring any cost chargeable to Giroux.
6. In the interest of maintaining the job schedule, Giroux will manufacture
and erect its materials from dimensions and tolerances indicated on its
approved submission drawings, without field measurement. Giroux does not
include prior checking of the building structure for accuracy. Proposal is
subject to constructability review. Some changes may be required to
accommodate manufacturer’s limitations and engineering requirements.
Increase to Agreement/Contract may be required.
7. Trade Damage and Fireproofing
Acceptance of Giroux’s work is to be completed by a mutually-agreed-upon
method, i.e., floor by floor. Giroux will not be responsible for trade
damage after the work is installed and accepted by Contractor. Giroux
excludes glass breakage unless broken by its own forces.
1. Spray fireproofing and/or other wet processes must be coordinated such
that wet spray or spillage does not hit surface of glass, panels, or
extrusions. Any accidental spills must be cleaned immediately by those
responsible to avoid chemical reactions and permanent discoloration.
Overhead protection by Contractor will be required if Giroux’s crews are
installing walls concurrently with this fireproofing activity.
8. Protection of Work
Giroux excludes all protection of its material after installation on the
building.
Job damage caused by Contractor or other subcontractors on the work
performed by Giroux shall be reported immediately and Contractor shall be
responsible for its repair. Giroux is not responsible for marking, taping,
or masking of glass or metal; or removal of it after installation.
9. Giroux will be reimbursed if cutting, fitting or patching of its work is
required due to errors of others.
10. The Contractor shall furnish building control lines around the perimeter of
each floor offset from the exterior slab edge. Benchmarks above finish
floor shall be provided by Contractor on each floor. The Contractor shall
assume responsibility for the accuracy of all control lines and benchmarks.
11. Giroux requires the perimeter of each floor and the ground level of the
building be cleared of all stored material and debris for a minimum
distance of 15 feet to allow movement, assembly, storage and installation
of materials. Ground to be reasonably level and free of trenching or other
obstructions.
12. Materials will be stored on each floor as directed and agreed upon between
Giroux and the Contractor. If stored materials must be moved for reasons
other than Giroux’s own convenience, Giroux will be reimbursed for said
move.
13. Overhead protection, if required to allow installation of Giroux’s
materials, shall be furnished and installed by the Contractor at no cost to
Giroux.
14. Giroux shall remove perimeter barricades for installation of its materials,
provided barricades are readily removable at columns and turnbuckles are
used at corners.
15. The Contractor will provide general services and temporary facilities at
the site at no cost to Giroux.
16. 110 volt/220 volt electric power for hand tools, scaffolds, etc., is to be
furnished at no cost to Giroux, with outlets located within 100 feet of
Giroux’s work locations.
17. Debris will be placed in a central location on each floor for removal from
the building and the job site at no cost to Giroux. Giroux will be
responsible only for cleanup of their own debris. Giroux will not provide
clean-up personnel to be directed by others.
18. Giroux provides one comeback per leave-out area. The Contractor shall
provide a safe, protected storage space for these materials on each floor
of the building.
19. Cleaning of Giroux’s material shall consist of removal of excess sealants,
tags, and pads at time of installation. All further cleaning, including
final cleaning, polishing of interior and exterior glass, panels, and
extrusions shall be by others.
20. Giroux will not be bound to any Contract Documents that did not exist, or
that were not received or made available prior to proposal date.
21. If this Proposal is accepted and subsequently assigned to another party,
Giroux reserves the right to approve the assignment and require that this
Proposal and any subsequent agreements to be incorporated into any
subcontract issued pursuant to such agreement.
22. The Contractor will provide evidence satisfactory to Giroux of all sources
of funding for the project. This evidence must be provided as a condition
precedent to Giroux performing any work under the Proposal.
23. Contractor will pay Giroux in full for all work performed by Giroux
pursuant to the Proposal within 60 days of the completion of such work,
without regard to whether the Contractor has been paid by any other party,
including the Owner or Financial Institution on the Project.
24. The Contractor will pay for all materials allocated for this project when
Giroux receives such materials whether they are delivered to the Project
job site or stored by Giroux away from the job site. Appropriate
documentation as required by the Agreement/Contract shall be provided to
the Contractor by Giroux to support its claim for payment. All invoices
from Giroux will include charges for overhead and Giroux’s profit, which
will be payable as part of the amount due from the Contractor for the
materials.
25. Giroux’s right to file a lien on the property will be forfeited only to the
extent that Giroux has received payment.
26. Conflicts occurring between plans, specifications, and shop drawings shall
be negotiated and settled between Giroux and Contractor on a speedy, fair,
and equitable basis.
27. Materials will be furnished in accordance with published industry standard
tolerances for color variation, thickness, size, finish, texture, and
performance standards.
28. In order to produce the project in an efficient, timely manner, Giroux must
have the cooperation of the Architect and the Contractor to quickly review
and approve shop drawings and samples.
29. Giroux will report any visual errors or omissions of work by other trades
to the Contractor; however, it is not Giroux’s responsibility to determine
such errors or omissions.
30. Giroux, at no charge, shall be afforded adequate use of the Contractor’s
crane, hoisting equipment, temporary elevators, electricity, or other
conveyances as well as operators for same, including overtime for operators
if schedule of job dictates, for transportation of personnel, equipment and
unloading material.
31. Giroux shall indemnify and hold harmless the Contractor, Owner, or
Architect only to the extent such damages were caused by any negligent act
or omission of Giroux, or anyone for whose acts Giroux is liable.
32. Warranty
Giroux’s equipment and work are guaranteed for a period of one year from
the date of installation or substantial completion, whichever is earlier.
Compliance with Title 24 Requirements, NFRC Labeling, STC and/or Acoustic
Requirements, Fire Rating Requirements, CalGreen and LEEDS Requirements may
not be available subject to manufacturer’s limitations, engineering, or
constructability, and may require an increase to Agreement/Contract.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. The exclusive remedy shall be that Giroux shall replace or repair
any part of its work, which is found to be defective. Giroux shall not be
responsible for damage or defect caused by abuse, modifications, not
executed by Giroux, improper or insufficient maintenance, improper
operation or normal wear, glass breakage, tear and usage. Contractor shall
provide written notice to Giroux with reasonable time to cure.
Warranty for specified materials limited in Scope and nature to the extent
of the manufacturer’s Warranty. Extended Warranty may be available with an
increase to Contract. Labor Warranty predicated on one (1) year.
33. Contractor shall, if the Owner does not, purchase and maintain all risk
insurance upon full value of the entire work and/or materials delivered to
the jobsite, which shall include the interest of Giroux.
34. Attorney’s Fees
In the event that it becomes necessary to retain the services of an
attorney in order to enforce any of the provisions of this
Agreement/Contract, the prevailing party shall be entitled to recover
attorney’s fees and costs, in addition to any other relief to which the
prevailing party may be entitled. For purposes of this paragraph
“prevailing party” shall be deemed to include any party to this Agreement
(or their assigns or successors in interest) to whom payment of any sum is
made by another party to this Agreement in settlement of, or as part of,
the resolution of any controversy, whether or not court proceedings or
arbitration has been instituted.
35. Dispute Resolution
Obligation to attempt Good Faith Resolution: if a dispute arises between
Giroux and Contractor, the parties agree first to try in good faith to
resolve their differences amongst themselves (with the benefit of legal
counsel if they choose).
1. Mediation
If the parties cannot resolve their dispute themselves, they shall
endeavor, in good faith, to settle the dispute by mediation, using a
third party neutral as mediator, before submitting the matter to binding
arbitration. Mediation will be continued until satisfaction of the
mediator (with such “satisfaction” meaning the mediator’s good faith
entry or either success or failure of the mediation). For a breach of
this obligation to mediate, the parties agree that the party breaching
this obligation to mediate will contractually pay all attorneys’ fees of
each party arising out of arbitration (or other litigation) in the time
up until the mediator enters a good faith entry of success or failure of
the mediation. Unless this obligation to mediate is breached in
accordance with these terms, both parties agree that mediation costs
shall be shared equally by the parties.
36. Governing Law
This Agreement shall be construed in accordance with, and governed by, the
laws of the state in which the project is located.
Should you require clarification with regard to any of the above-stated
information, please do not hesitate to contact your estimator or direct your
inquiry to salesLA@girouxglass.com.
--------------------------------------------------------------------------------
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License # CA 630124 | NV 0044805 | AZ 141159 | NM 370792
© 2024 Giroux Glass | All Rights Reserved | Privacy Policy | Terms &
Conditions | Site by Bynder Group
* Expertise
* Unitized Curtain Wall System
* Building Envelope
* Doors and Hardware
* Glass Handrail and Guardrail
* Glass Walls, Doors and Partitions
* Glass Flooring
* Dynamic Glass
* Security Glazing
* CAD
* Projects
* All Projects
* Tenant Improvement
* New Construction
* Service Department
* Videos
* Photo Gallery
* Service Maps
* Service Department
* Repairs
* 24 Hour Emergency Board-Up Services
* Door and Hardware Repairs
* Security
* Commercial Building Lobbies
* Tenant Improvements
* Building Renovations
* Water Intrusion
* Lunch and Learn: Stress-Free Building Maintenance
* About
* About Overview
* Leadership
* Board of Directors
* Company Culture
* Careers
* News
* Testimonials
* Awards
* Resources
* FAQ
* Locations
* Locations Overview
* Los Angeles
* Las Vegas
* Fresno
* San Bernardino
* Phoenix
* Orange County
* Blog
* Contact