1. PRICING AND PAYMENT
For supply only contracts:
The Customer shall pay in full the total purchase price to Lux Windows and Doors (“Lux”) upon approval of the written Customer Quote for materials.
Lux reserves the right to correct the price on any orders or quotations due to typographical, clerical or mathematical errors. Any correction will not be valid unless agreed to by our customer in writing before the order can progress.
All payments shall be made when due without any right on the part of the Customer to claim any holdback or set-off.
Lux reserves the right to limit the amount that may be paid by credit card (in any event, to a maximum of $5,000).
The total price for the materials (the “Price”) shall be stated in the Customer Quote.
All orders shall be subject to addition of prevailing federal and provincial taxes including GST and HST as applicable.
For supply and install contracts:
The Customer shall pay Lux a minimum deposit of fifty percent (50%) of the total purchase price (the “Deposit”). The balance of the total purchase price shall be paid by the Customer to Lux upon completion of installation of the materials.
Lux reserves the right to correct the Price on any orders or quotations due to typographical, clerical or mathematical errors. Any correction will not be valid unless agreed to by our customer in writing before the order can progress.
Lux reserves the right to limit the amount that may be paid by credit card (in any event, to a maximum of $5,000).
Chargeable service/warranty shall be paid in full upon acceptance of this quote and prior to the work being performed.
All payments shall be made when due without any right on the part of the Customer to claim any holdback or set-off. The total price for the Work and Materials (the “Price”) shall be stated in the Customer Quote.
All orders shall be subject to addition of prevailing federal and provincial taxes including GST and HST as applicable.
2. SUPPLY AND INSTALL
For supply and install contracts, installation shall commence as soon as practicably possible following delivery of the materials to the site designated by the Customer.
In all cases, the Customer is responsible for obtaining any and all municipal development permits and building permits required in respect of the supply and installation of the materials. Lux cannot proceed with installation until the requisite permits are obtained by the Customer.
or supply and install contracts, all surplus materials on the Customer designated site shall remain the property of Lux.
Lux agrees to perform the installation diligently, and in a good and workmanlike manner.
Lux will at all times maintain the Customer designated site reasonably free from all rubbish and waste material. Upon completion of the installation, Lux shall leave the Customer designated site in a reasonably clean condition.
The installation shall be deemed complete upon the materials being incorporated into the Customer’s building.
Any deficiencies in the installation are subject to the Warranty provided and shall not affect either of the completion date or final payment.
3. EXCLUSIONS FROM INSTALL CONTRACTS
Installation shall, unless otherwise specifically noted in a contract, not include the following;
- any painting or finishing of unfinished materials or paint lines on existing walls;
- any repairs to stucco, siding, plaster, drywall or other exterior/interior finishes that are damaged in the ordinary course of the removal and replacement of the existing doors and windows;
- the removal and/or reinstallation of blinds, shutters or other window coverings. Lux does NOT guarantee your existing blinds/window coverings will fit into the new windows and/or doors (the materials) in this order;
- the removal and/or reconnection of Security Systems or Re-Installation of Security Bars;
- any electrical or plumbing services;
- the repair of any pre-existing or latent problems discovered during the course of the removal of existing doors or windows including, but not limited to, rot, mildew, deficient construction or any other conditions that may materially impact the installation of the materials;
- the moving, storage or protection of any of the Customer’s furniture; and,
- any other services that are not expressly included in a contract.
4. CHANGES
No Changes shall be made to the materials or installation under a contract by either the Customer or Lux without a written "Change Order" or other written amending agreement to be signed and approved by both the Customer and Lux. An electronic signature on any document or an email emanating from the Customer shall be deemed to be sufficient to effect and approve a Change Order or written amending agreement.
5. DELAY IN MANUFACTURE, DELIVERY OR INSTALLATION
The Customer shall have no claim or right of action against Lux for compensation, costs, expenses, loss of profits or otherwise, howsoever, because of, or by reason of any delay within or without Lux’s control, whether such delay is the result of a delay in manufacturing of the materials, delay in delivery of the materials or delay in installation of the materials pursuant to a contract, or otherwise, including but not limited to any delays, foreseeable or not, resulting from changes to the original Customer Quote, labour or material shortages, poor weather, strikes, lockouts, fires, accidents, or any Acts of God, or any other force majeure event, and whether or not such delay(s) may have resulted from anything done or not done by Lux under a contract.
For the sake of clarity, the Customer shall not be entitled to recover any compensation, costs, expenses, loss of profits or otherwise from Lux although Lux may have caused such delay(s), and Customer expressly acknowledges and confirms that it understands the effect of this clause is to prevent recovery of any damages from Lux for delay.
6. DAMAGES, SHORTAGES OR ERRORS
For supply only contracts, Customer shall inspect the materials upon pick-up or delivery and shall provide written notice to Lux within SEVENTY-TWO (72) hours regarding any claim for damage to, shortage in supply, or errors in manufacture of, the materials. Customer shall specify the basis of any such claim in written detail, and such claim shall be provided by written notice delivered by facsimile to 403-276-7792, or by email to lux@luxwindows.com.
7. DELIVERY OR PICK-UP
Prior to commencing the manufacture of Customer’s Materials, Lux will contact Customer and confirm that Customer is prepared for the materials to be manufactured (“Production”). For the sake of clarity, Customer further acknowledges that upon confirming that production is to proceed, Customer is also confirming that they are prepared to take immediate delivery of the materials upon completion of Production.
Upon completion of Production, Lux will contact Customer and make arrangements for delivery of the materials, within five (5) business days or as otherwise agreed by Lux, to the Customer designated site, or to an alternative storage/delivery location provided by the Customer and at the Customer’s expense (“Delivery Address”). Upon delivery by Lux of the materials the Customer assumes full and final responsibility for the materials.
Where Customer has elected to pick up the materials, Customer shall pick up the materials immediately after receiving a notification from Lux to pick up their Materials (“Pick Up Notification). As Lux is not a storage facility, Lux cannot store the materials beyond TWENTY (20) days. After TWENTY (20) days, the materials shall be deemed to be abandoned and Lux may choose to donate the materials to Habitat for Humanity (“Habitat”). Notwithstanding the donation of the materials to Habitat, Lux shall retain any and all amounts already paid by Customer to Lux and shall invoice Customer for any remaining amount owing.
8. BUYER’S RIGHT TO CANCEL SUPPLY AND INSTALL CONTRACT
The Customer may cancel a supply and install contract from the day the Customer enters the contract until TEN (10) days after the Customer receive a copy of the contract. The Customer does not need a reason to cancel.
If the Customer does not receive the goods or services (Work and Materials) within THIRTY (30) days of the date stated in the Contract, the Customer may cancel such contract within one year of the contract date. The Customer shall lose the right to cancel if the Customer accepts delivery after the THIRTY (30) days.
There are other grounds for extended cancellation. For your information, you may contact your Provincial/Territorial Consumer Affairs office.
If the Customer cancels a contract, LUX, has FIFTEEN (15) days to refund the Customer’s money and any trade-in, or the cash value of the trade-in. The Customer must then return the materials.
To cancel, a Customer must give notice of cancellation at the address in the contract. The Customer must give notice of cancellation by a method that will allow the Customer to prove notice to Lux, including registered mail, fax, e-mail or by personal delivery.
9. WARRANTY AND LIMITATION OF LIABILITY
Lux provides a warranty of its materials as set out in the Comprehensive General Warranty section of the site.
The Comprehensive General Warranty is subject to these Terms and Conditions.
The Comprehensive General Warranty is conditional upon Lux having been paid the Price in full and shall not commence until the Price has been paid to Lux by the Customer in full.
The Comprehensive General Warranty shall be the full extent of any liability on the part of Lux. In no event shall Lux be liable for any indirect or consequential damages howsoever caused.
10. DISPUTES
In the event of a dispute as to the interpretation of a contract, or as to the extent and makeup of the materials, and the parties are unable to resolve such dispute, then Lux and the Customer agree to submit their dispute to the Better Business Bureau of Calgary (“BBB”) mediation service to attempt to resolve the issue (“BBB Mediation”).
If BBB Mediation is not successful, or not available, then any dispute between the Customer and Lux shall be submitted to binding arbitration by one arbitrator to be chosen by the parties to this Contract, and such arbitration shall be carried out in such a manner as the parties may agree, or failing such agreement, as determined by an application under the Alberta Arbitration Act, RSA 2000, c. A-43, as amended (the “Arbitration”).
Lux shall not be required to participate in any Arbitration unless payment in full of the Price has been made by the Customer to Lux.
Lux retains a security interest in all materials until the purchase price has been paid in full, and Lux is entitled to register a security interest in the Alberta Personal Property Registry, as security for payment of the Price.
The Customer authorizes Lux to obtain information regarding the Customer from any third party, credit reporting or collection agency in consideration of the granting of credit herein or for the purpose of collecting any unpaid account(s).
The Customer authorizes Lux to take photographs of the Materials, which photographs are the sole and exclusive property of Lux, to be used as Lux may see fit, in the sole and unfettered discretion of Lux, and without further consent of Customer.
11. INTEREST
The Customer agrees to pay interest on any and all overdue amounts at the rate of twenty-four percent (24%) per annum, calculated and payable monthly.
12. SOLICITOR AND ITS OWN CLIENT COSTS
If the Customer fails to pay the full purchase price to Lux under a contract, or if Lux is otherwise required to bring an action to enforce its rights under a contract, including but not limited to the filing of any builders’ lien, Lux shall be entitled to recover any and all expenses incurred by Lux in that regard, including all solicitor and its’ own client fees and disbursements on a full indemnity basis incurred by Lux.
13. ALBERTA LAW AND JURISDICTION
Lux and the Customer agree that any contract shall be governed by the laws of the Province of Alberta, and that the Courts of Alberta shall have jurisdiction to resolve any dispute pertaining to a contract between Lux and the Customer.
14. CONTRACT PREVAILS
Any contract between Lux and the Customer contains the entire agreement between parties. By entering into a contract for supply of materials or supply and install of materials, the Customer expressly agrees that there have been no other representations, warranties, collateral agreements or conditions made by Lux other than as expressly set out in such contract.
Any amendments to a contract must be agreed to by Lux, must be approved in writing by Lux, signed by each of the Customer and Lux, and shall be attached to, and form a schedule to the original contract.