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 [email protected].