Terms and Conditions
Weather Tight stands behind their work and is proud to be Wisconsin’s Most Recommended Remodeler. We feel that transparency is important in building relationships and have included our licenses and General Terms and Conditions below so that you can read the “fine print” before doing business with our company.
GENERAL TERMS AND CONDITIONS
1. Force Majeure. Weather Tight shall not be responsible for late delivery or failure to make delivery of all or any part of the Product(s) purchased under this Agreement as a result of causes beyond its reasonable control including but not limited to: back orders by the Manufacturer; federal, state, or municipal action, statute, ordinance, or regulation; strike or other labor trouble; riot or other civil disturbance; inability to secure raw materials or supplies; or any other cause, contingency or circumstance within or without the United States not subject to its control which prevents or hinders the Manufacturer or delivery of the Product(s) and Services provided pursuant to this Agreement.
2. Entire Agreement. This document, the Work Order, Warranties, Finance Acknowledgement Addendum, and any Addenda hereto constitute the entire agreement between Weather Tight and Customer with regard to the subject matter hereof, and supersede any and all previous documents, writings and/or representations, oral or written. No course of dealings between Weather Tight and Customer and no usage of trade shall be relevant or admissible to supplement, explain, or vary the terms of this Agreement or any Addendum hereto. No other representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein, in any Work Order or in any Addenda hereto. This Agreement, including the Work Order and any other Addenda, can only be modified in writing signed by Weather Tight and Customer.
3. Authority of Agents. No agent, employee or representative of either party has the authority to bind the parties to any affirmation, representation, or warranty concerning this Agreement other than the terms contained herein, or set forth in an addendum hereto. Any affirmation, representation or warranty not included in this Agreement shall not be enforceable in any way.
4. Applicable Law. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Wisconsin, without regard to its choice of law provisions.
5. Arbitration of Disputes. To the extent allowed by law, Customer agrees that any controversy, claim, dispute or disagreement arising out of or relating to this Agreement, or the breach hereof, shall be submitted to and settled by arbitration, in accordance with the rules and procedures of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. The arbitration shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. However, either party may apply to a Court of competent jurisdiction for any equitable relief necessary to preserve and enforce such party’s rights under this Agreement.
6. Severability. If any term of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
7. Assignability. The Customer and Weather Tight agree that each may not assign, sell, or otherwise transfer this Agreement and any promissory note or other evidence of indebtedness, to any financial institution or other third party without obtaining the prior written consent of the other. This Agreement shall be binding upon Customer and Weather Tight, and their successors, heirs, administrators, executors and permitted assigns.
8. Remedy for Breach. In addition to any other remedies available in law or equity, the Customer agrees to pay any and all actual reasonable attorneys’ fees, plus court costs incurred by Weather Tight, arising out of the breach of this Agreement by Customer. The Customer further agrees that the entire balance due under this Agreement becomes immediately due and payable upon any failure by Customer to comply with the terms and conditions of this Agreement or any addenda made a part hereof.
1. Manufacturer’s Warranty. The Manufacturer of the Product(s) installed by Weather Tight may provide Customer (the original purchaser) with a written Warranty. This Manufacturer’s Warranty will be provided to Customer at or prior to the installation and/or delivery of the Product(s) covered by the Manufacturer’s Warranty. Weather Tight will service the Manufacturer’s Warranty by providing the labor, parts, and material necessary to repair or replace the Product(s) according to the terms, conditions, limitations, and restrictions of the Manufacturer’s Warranty. For claims made, if the manufacturer determines it will repair or replace the Product(s) but will not assume the cost of labor pursuant to its Warranty, Weather Tight will provide the labor to Customer (the original purchaser) at the same percentage rate of coverage as the Product warranty. Weather Tight reserves the right to refuse service on products where the warranty has expired.
2. Installation Warranty. Weather Tight also warrants for life its installation of Product(s) to be free from defects due to installation. Defects due to installation are limited to failures or damages caused by faulty or improper installation of the Product(s) by Weather Tight. Causes of Product(s) failure or damage not covered by this Installation Warranty include, but are not limited to, alteration, misuse, abuse, neglect, fire, lack of or improper maintenance (e.g., re-caulking, re-sealing) , accidental or intentional damage by Customer, condensation and/or humidity resulting from conditions in the building, settling of the building, explosions, flood, lightning, other acts of God, or external forces beyond the control of Weather Tight. For claims made, Weather Tight will provide the labor and materials necessary to correct the defect to Customer (the original purchaser).
3. Standard Warranty Service Fee. In servicing warranty claims or other in-home repairs, a warranty service fee will be charged (once per claim) to the homeowner for each repair or replacement that requires a visit by a Weather Tight Representative to Customer’s home. This fee will be determined by Weather Tight based on the prevailing costs at the time of service. The warranty service fee is waived for one (1) year from the date of installation and/or delivery of the product(s) and for up to two claims per year thereafter.
4. Exclusion of Warranties. THERE ARE NO EXPRESS WARRANTIES OF ANY KIND OR CHARACTER EXCEPT AS PROVIDED IN PARAGRAPHS 1 AND 2, ABOVE. FURTHER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. WEATHER TIGHT MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AS TO THE PRODUCT(S) AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, AND THE SAME ARE HEREBY EXCLUDED AND DISCLAIMED.
5. Limitation of Remedies. IF WEATHER TIGHT DETERMINES THAT CUSTOMER HAS A PRODUCT(S) THAT IS DEFECTIVE DUE TO INSTALLATION WHICH IS WARRANTED UNDER THE TERMS CONTAINED HEREIN, THEN WEATHER TIGHT WILL REPAIR OR REPLACE, AT ITS OPTION, THE DEFECTIVE PART OR PORTION, INCLUDING MATERIALS AND LABOR. WEATHER TIGHT RESERVES THE RIGHT TO REFUND THE ORIGINAL CONTRACT SALES PRICE IN LIEU OF REPAIR OR REPLACEMENT. UNLESS OTHERWISE PROVIDED BY LAW, WEATHER TIGHT’S MAXIMUM LIABILITY ARISING AT ANY TIME FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF PRODUCT(S).
6. Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL WEATHER TIGHT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF BREACH, WARRANTY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTY DAMAGE INCURRED AS A RESULT OF PRODUCTS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN PARAGRAPH 5, ABOVE.
7. Performance of Warranty Obligations. Weather Tight shall perform its warranty obligations within ninety (180) days after Customer makes a valid warranty claim.