Acceptance of Contract:
By approving via email and/or signing any proposal and/or invoice from Alert Glass, you accept the prices, specifications and conditions and authorize the work as herein specified. Due to the instability in the glass and metals markets, all prices quoted are based on today's cost of material. Due to mill imposed metal and glass surcharges, fuel surcharges, and price increases, on all special order material, Alert Glass reserves the right to adjust our selling price to price in effect at time material(s) is ordered. All quotes are subject to material availability. Customer/client(s) acknowledges and agrees that the instability in the current market(s) can impact the progress and schedule of the customer/client(s) project. Delay(s) could arise out of unavailability of raw materials or components from Alert Glass distributors, closure or reduction of manufacturer fabrication capability, government order, job site shutdowns or any number of other causes related to the current condition(s) in society. Alert Glass can have no liability to the customer/client(s) for any related delays to the current and future instability in the glass and metal markets. Alert Glass is not responsible for any sheetrock work, spackling work, painting work, tiling work etc. Prices quoted are valid up to thirty (30) days from the date of the proposal from Alert Glass, projects in process while the price quoted expires are subject to requote for the balance of the project. Payments will be made as outlined in the proposal and/or quote from Alert Glass. All material is guaranteed as specified. All work shall be completed in a workmanlike manner according to industry standard practices. Any alteration or deviation from the aforementioned specifications will become an extra charge over and above the original contract price specified. Straight Time Labor Rate is $298.00 Per Man Per Hour. Premium Time Labor Rate is $498.00 Per Man Per Hour. Alert Glass & Architectural Metals, Corp. (“Alert Glass”) shall not be responsible for delays caused by acts of God, strikes, accidents or any other delays beyond our control. You shall carry fire, tornado, and other necessary insurance. Invoices for work performed will be paid within seven (7) days of the invoice date. Any past due invoice(s) shall be subject to interest at a rate equal to the lesser of one and one-half (1.5%) percent per month or the maximum legal rate allowable by law beginning on the invoice date and continuing until the date of payment. If you default in payment of any money owed to Alert Glass for work done or services performed hereunder, Alert Glass shall be entitled to costs and expenses of collection, including attorneys’ fees and costs related thereto; provided, however, that attorney’s fees for Alert Glass shall be immediately added to such invoice in an amount equal to the greater of (a) twenty-five (25%) percent of such unpaid invoice amount or (b) the actual amount of attorneys’ fees incurred by Alert Glass. Alert Glass’s invoice to you shall be deemed conclusive proof of its contents. In any action for payment of any unpaid invoice amount, personal service of the summons and complaint is waived by you, and you agree that service shall be made by certified mail return receipt requested to your address first written above. In any other action or proceeding (including arbitration) for the enforcement, protection or establishment of any right or remedy hereunder, or for the interpretation hereof, Alert Glass shall be entitled to recover its attorney’s fees and costs including costs of arbitration. Alert Glass will remain sole owner of all materials used on any project until final payment is received on said Project. Alert Glass will not be responsible or obligated to file for, or inform purchaser whether, permits, engineering or calculations are necessary or required. The Proposal, Contract and/or quote from Alert Glass supersedes all others and becomes effective upon your signature, or upon deposit received for the aforementioned project. This Contract shall be construed in accordance with and governed by the internal laws (without reference to choice or conflict of laws) of the State of New York. Any controversy or dispute arising out of this Contract shall, at the option of Alert Glass, in its sole discretion, be resolved by either (1) litigation or (2) arbitration through the American Arbitration Association in Suffolk County, New York, strictly in accordance with the terms and conditions set forth herein in expedited proceedings. In the event of litigation between the parties regarding the subject matter hereof, the parties hereby irrevocably consent and submit to in person am jurisdiction in the courts of New York, County of Suffolk, including the United States courts located in and for the Eastern District of New York, and to all proceedings in such courts. The parties hereby agree that such courts shall be the venue and exclusive and proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Contract and that they will not contest or challenge the jurisdiction or venue of these courts. In the event of arbitration, such arbitration will be governed by the laws of the State of New York. Claims shall be decided in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (the “AAA”) using one (1) arbitrator appointed by the AAA. The arbitrator will not have the power to add to, modify, detract from or alter in any way the provisions of this Contract. The arbitrator will not have any power to decide or consider anything other than the specific issue presented including the award attorneys’ fees. The written decision of the arbitrator will be conclusive and binding upon both parties, and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction within the State of New York. The arbitrator is not authorized to make an award for punitive, exemplary or consequential damages. In the event of any conflict between this Contract and your contract with the general contractor, the provisions of any Contract from Alert Glass will govern and control. G.C. (General Contractor and/or Client) agrees and accepts to cover and all necessary overnight mail and/or certified mail charges for expediting purposes. G.C. (General Contractor and/or Client) accepts to not withhold payment(s) and/or monies due in relation to any paperwork, waivers, etc. G.C. (General Contractor and/or Client) agrees and accepts to pay any and all fees involved with filing mechanics liens against the property as required. General Contractor/Client agrees not to request Alert Glass to pay mailing fees etc. General Contractor/Client agrees to bear the cost of any/all express mailing fees etc. Client/customer hereby authorizes alert glass to accept electronic checks. (i.e. check via fax). All invoices, Payment Applications, and/or AIA Payment Forms will be acceptable via e-mail and considered “Originals”. Owner and/or General Contractor Punch List must be e-mailed to office@AlertGlass.com within Twenty-Four (24) Hours from Completion of Alert Glass's Scope of Work. Any punch list Items will be addressed during normal working hours. Providing the site conditions allow, Alert Glass is not responsible for distributor delays that may affect the schedule for completion. All door opening(s) surroundings must be plumb level and square by others etc. for doors to function properly and to maintain the warranty period. There is no warranty for unsafe door packages as per the Glass Association of North America’s Recommendations etc. Once any project is awarded and Alert Glass has men on site, Ample Lighting must be provided by others etc. for areas of work noted in any proposal, invoice, and/or email quote(s).