Purchase Terms & Conditions

The Contract, consisting of the purchase order, these Terms and Conditions, and the applicable warranties, constitutes the sole and complete agreement between Buyer (sometimes referred to as You) and Pella Corporation (Seller). The Terms and Conditions set forth herein supersede all previous representations, specifications, terms, or other documents issued by Seller or its employees or agents, either written or oral, and any purchase order or other documents issued by Buyer either before or after this Contract. Further, You agree that You are not relying on any statements made by anyone, written or oral, that are contrary or in addition to this Contract.

Buyer agrees that the product listed in the Shopping Cart is correct and final as to quantities and specifications, including but not limited to frame size, clad color, glass type, grill type, profile, alignment, lite pattern, and other specifications as set forth in Buyer’s order. Please review your order carefully because once You make payment for the items in your Shopping Cart there is no right of cancellation, and You shall not be entitled to any refund of the purchase price.

As used in this Arbitration Agreement, the terms listed below shall have the following meanings with such definitions applicable to both the singular and plural use of the terms.

“You” and “Your” shall mean any purchaser of Pella Product, including multiple purchasers such as spouses, and anyone taking ownership or other interest in the Pella Product.

“Pella” shall mean Pella Corporation.

“Disputes”, with the exception of disputes relating to the enforcement or validity of any intellectual property rights, shall mean all disputes arising out of or relating to Your Pella Product, including, but not limited to, the design, manufacture, sale, distribution, marketing, warranty, service, use, performance, installation or purchase of Your Pella Product.

“Pella Goods” shall mean all Pella or Pella branded product or both acquired by You on or after February 10, 2017.

“Pella Services” shall mean all services provided to You or previous owner by Pella or a Pella Branded Distributor, including, but not limited to, the installation and servicing of Your Pella Goods, on or after February 10, 2017.

“Pella Product” shall mean “Pella Services” or “Pella Goods” or both where applicable.

“Pella Branded Distributor” shall mean, where applicable, the dedicated and Pella branded distributor that sold and/or provides service for Your Pella Product.

“Class Action” shall mean any legal proceeding, including a lawsuit or arbitration, in which one or more persons prosecute one or more claims on behalf of a larger group of persons.

“AAA” shall mean the American Arbitration Association.

“ICDR” shall mean the International Centre for Dispute Resolution.

“Arbitration” or “Arbitrate” shall mean a final and binding dispute resolution process. For arbitrations commenced in the United States, the dispute resolution process shall be administered by the AAA pursuant to the terms of this Arbitration Agreement and the Federal Arbitration Act. For arbitrations commenced in Canada, the dispute resolution process shall be administered by the ICDR under the Canadian Arbitration Rules and subject to the laws of the applicable province.

YOU and Pella and its subsidiaries AGREE TO ARBITRATE DISPUTES ARISING OUT OF OR RELATING TO YOUR PELLA PRODUCT AND WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE DISPUTES. In addition, if Your Pella Product were purchased directly or indirectly from a Pella Branded Distributor, You and the Pella Branded Distributor agree to Arbitrate Disputes and waive the right to have a court or jury decide Disputes. By agreeing to resolve Disputes pursuant to this Arbitration Agreement, YOU WAIVE ALL RIGHTS TO PROCEED AS A MEMBER OR REPRESENTATIVE OF A CLASS ACTION, INCLUDING CLASS ARBITRATION, REGARDING DISPUTES ARISING OUT OF OR RELATING TO YOUR PELLA PRODUCT. You also waive all rights to arbitrate or litigate Disputes brought in a purported representative capacity or other consolidated basis on behalf of the following: the general public (such as a private attorney general), other homeowners, building owners or purchasers of Pella Product, or other persons similarly situated. The prohibition on proceeding as a member or representative in a Class Action shall apply notwithstanding any rules now or in the future to the contrary promulgated by the AAA or ICDR. This Arbitration Agreement does not preclude You from filing and pursuing Disputes in small claims court in Your state, municipality or province, so long as Your Disputes are pending with respect to Your claims only in that court and only on Your behalf. You may opt out of this Arbitration Agreement by providing notice to Pella no later than ninety (90) calendar days from the date You purchased or otherwise took ownership or other interest in Your Pella Goods. To opt out, You must send notice by email to pellawebsupport@pella.com, with the subject line: “Arbitration Opt-Out” or by calling 877-473-5527. Please provide to the best of Your ability in Your opt-out email or phone message the following information: (1) Your name and address; (2) the date on which You purchased or took ownership of Your Pella Goods; and (3) from whom the Pella Goods were purchased. These two specified ways for giving notice are the only effective ways for You to opt out of this Arbitration Agreement. Opting out of the Arbitration Agreement will not affect the coverage provided by any applicable limited warranty pertaining to Your Pella Product. If You are dissatisfied with our product or service, or otherwise have questions or concerns regarding Your Pella Product, please contact Pella Customer Service by calling 877-473-5527 or by mail at Pella Corporation, Customer Service Department, 102 Main Street, Pella, Iowa 50219. If Pella Customer Service is unable to resolve Your concerns, as part of Your agreement to Arbitrate on an individual basis, we provide You, at Your option, a free facilitation program. As part of the facilitation program, we will assign someone within Pella who is not directly involved in the matter to attempt to facilitate a voluntary resolution between You and Pella. This facilitation program is entirely voluntary and You are not required to participate in order to initiate an Arbitration. If You would like to learn more about Arbitration or intend to commence an Arbitration in the United States, the AAA information can be located at adr.org. If you would like to learn more about Arbitration or intend to commence an Arbitration in Canada, the ICDR information can be located at icdr.org. Any Arbitration between us shall be commenced with and administered by the AAA (or the ICDR where applicable) according to its AAA Commercial Arbitration Rules, including, where applicable, its Consumer Arbitration Rules (or the ICDR Canadian Arbitration Rules where applicable) in effect at the time You purchased or took ownership of Your Pella Product, as modified by this Arbitration Agreement. With the exception of the prohibition on Class Arbitration, the arbitrator shall have the authority to determine the validity and scope of this Arbitration Agreement, including challenges to its enforcement. As part of the Arbitration process, You agree to allow Pella to inspect Your Pella Product and the premises in which Your Pella Product were installed. This Arbitration Agreement shall be governed by the Federal Arbitration Act, or where appropriate, applicable Canadian law. If the Class Action waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be null and void. In all other respects it shall remain in full force and effect notwithstanding the invalidation or unenforceability of a term or provision.

Pella product is covered only by Pella’s limited warranties in effect at the time of sale. All applicable product warranties are incorporated into and become a part of this Contract. For complete information regarding the finishing, maintenance, service, and warranty of all Pella product, visit the Pella website at www.pella.com. Please take special note of the two important notice sections contained in Pella’s limited warranties regarding the installation of Pella product and proper management of moisture within the wall system. Seller will not be liable for any warranty made by any other party which creates obligations in addition to or inconsistent with Pella’s limited warranties.

SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.

IN NO EVENT (INCLUDING WHERE NO ACTION IS REQUIRED OF SELLER UNDER SELLER’S LIMITED WARRANTY) SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM THE SALE OF ANY PELLA PRODUCT.

All descriptions, images, references, content, specifications, product, and prices of product described or depicted on Seller’s website are subject to change at any time without notice. The inclusion of any product on Seller’s website at a particular time does not guarantee that such product will be available.

Buyer accepts and understands that color matching to a sample or specific manufacturer’s specification will be done by Seller according to Seller’s processes and specifications. Moreover, wood is a product of nature, and nature controls the uniformity in grain pattern, color, and texture. A board and/or veneer will exhibit significant variations in color and texture from one end to the other. These natural characteristics are the beauty of the wood. Because of such, variations will be apparent in both stain color from piece to piece and even within a particular piece. Buyer accepts, and Pella makes no warranty as to minor imperfections in the product or glass, minor variations in glass color, or variations in wood grain, color, texture or natural characteristics. Buyer also accepts that actual finishes on Seller’s interiors will differ from paint/stain samples. In some instances, there may be color variations between aluminum trim and the aluminum cladding on the window or door itself. Any repainting/re-staining required due to Buyer’s displeasure with the finish selection is the responsibility of Buyer. Buyer’s agreement to purchase signifies understanding and acceptance of this along with understanding and agreement that Seller will not remedy any of Buyer’s displeasure with pre-stained or pre-painted windows or doors.

Buyer’s order must be paid in full at the time it is placed. Seller is not responsible for any disputes between Buyer and any approved third-party payment processor. If Buyer pays with credit card, Buyer represents and warrants that (a) the credit card information Buyer supplies is true, correct, and complete; (b) Buyer is duly authorized to use such credit card for the purchase; (c) charges incurred by Buyer will be honored by Buyer’s credit card company; and (d) Buyer will pay charges incurred by Buyer at the posted prices, including shipping and handling charges and all applicable taxes.

The risk of ownership passes from Seller to Buyer once (a) product is delivered to Buyer; or (b) Buyer takes possession of product at the designated pickup location.

Buyer understands that expected lead times are estimates of when Buyer can take possession of product.

Seller is not liable for any delays in delivery of product to You. Shipping and delivery dates are estimates only and cannot be guaranteed. Buyer shall be present at the time of delivery. If Buyer is not present at the time of delivery, Buyer may be subject to additional delivery and handling charges. Buyer shall remove all impediments to a safe delivery, including snow, ice, and/or any other obstacles. Seller will deliver the product to end of Buyer’s driveway or other suitable location chosen at the discretion of Seller. Buyer is responsible for moving the product from the drop off location to a suitable storage location. If Buyer does not respond to requests to schedule delivery of the product, Seller reserves the right to charge a storage fee for the product.

Buyer must pick up all product designated for pickup within fourteen (14) days of being notified that the product is available for pickup. If Buyer does not pick up the product within fourteen (14) days, Seller reserves the right to charge a storage fee for the product. Buyer must bring suitable vehicle for transporting the product. Neither Seller nor its agents present at the designated pickup location are responsible for loading the product into Buyer’s vehicle. Seller is not responsible for any damage to Buyer’s vehicle.

Seller may dispose of Buyer‘s product without refund to Buyer in the event Buyer fails to take possession of the product within 90 days of receiving notice of the product’s availability for pickup or delivery.

Buyer must conduct an initial visual inspection of the product within ten (10) days of receipt of the product. After this initial inspection, Buyer shall promptly report any damage or wrong or missing product to Seller at shop@pella.com.

Buyer is responsible for installing all product accordance with current Pella installation details and procedures. Pella makes no warranty as to Installation inconsistent with Pella installation instructions. Detailed installation instructions are available from Seller at www.pella.com. If glazing is performed by anyone but Seller, Seller shall not be responsible for damage resulting from glazing work.

Buyer is responsible for compliance with all applicable building codes and obtaining all required permits.

Buyer represents and warrants that Buyer is purchasing product from Seller for Buyer’s own personal or household use only and not for resale or export. Buyer further represents and warrants that all purchases are intended for final delivery to locations within the United States.

As set forth in the website’s Terms of Use, Pella may collect Buyer’s personal information. For more information, visit www.pella.com.

This Contract will be construed in accordance with the laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Iowa. This Contract is subject to the Arbitration and Class Action Waiver in these Terms and Conditions.

Any of the provisions herein that are deemed unenforceable shall not negate the enforceability of any other provision.

U-Factor, Solar Heat Gain Coefficient (SHGC), and Visible Light Transmittance (VLT) are certified by the National Fenestration Rating Council (NFRC). Pella stipulates that these ratings conform to applicable NFRC procedures for determining whole product performance. NFRC ratings are determined for a fixed set of environmental conditions and a specific product size. NFRC does not recommend any product and does not warrant the suitability of any product for any specific use.

Design Pressure (DP), Performance Class, and Performance Grade (PG) are certified by a third party organization, in many cases the Window and Door Manufacturers Association (WDMA). The certification requires the performance of at least one product of the product line to be tested in accordance with the applicable performance standards and verified by an independent party. The certification indicates that the product of the product line passed the applicable tests. The certification does not apply to mulled and/or product combinations unless noted. Actual product results will vary and change over the product life.

For more performance information along with information on Florida Product Approval System (FPAS) Number and Texas Dept. of Insurance (TDI) number go to www.pella.com/performance.

For Pella products labeled as having Low-E insulating glass with argon, Pella injects argon at the time of manufacture. No warranty is made as to the amount or percentage of argon present in the insulating glass. It is known that argon within insulating glass dissipates over time. Pella makes no warranty regarding the rate of dissipation of argon or the amount of argon remaining in the window at any time after manufacture.

In addition, Pella Insynctive Product are covered by the Pella Insynctive Product Software License Agreement and Pella Insynctive Product Privacy Policy in effect at the time of sale. For complete information regarding Insynctive Product, visit the Insynctive website at www.insynctive.pella.com. By installing or using Insynctive Product, you are acknowledging the Insynctive Software Agreement and Privacy Policy are part of the terms of sale.