Thank You For Purchasing Pella® Products
Pella products are covered by Pella's limited warranties in effect at the time of sale. There are no implied warranties of merchantability or fitness for a particular purpose, only the written express limited warranties in effect at the time of the sale. All applicable product warranties are incorporated into and become a part of this contract. Please see the warranties for complete details, taking special note of the two important notice sections regarding installation of Pella products and proper management of moisture within the wall system. Pella Corporation will not be bound by any other warranty unless specifically set out in this contract. Pella Corporation will not be liable for branch warranties which create obligations in addition to or obligations which are inconsistent with Pella written warranties.
Clear opening (egress) information does not take into consideration the addition of a Rolscreen [or any other accessory] to the product. You should consult your local building code to ensure your Pella products meet local egress requirements.
Per the manufacturer’s limited warranty, unfinished mahogany exterior windows and doors must be finished upon receipt prior to installing and refinished annually, thereafter. Variations in wood grain, color, texture or natural characteristics are not covered under the limited warranty.
Notice of Collection of Personal Information
We may collect your personal information when you interact with us. Under the California Consumer Privacy Act (CCPA), California residents have specific rights to request this information, request to delete this information, and opt out of the sharing or sale of this information to third parties. To learn more about our collection practices and your rights under the CCPA please visit our link https://www.pella.com/california-rights-policy/ at pella.com.
ARBITRATION AND CLASS ACTION WAIVER
YOU and Pella and its subsidiaries and Pella Branded Distributors AGREE TO ARBITRATE DISPUTES ARISING OUT OF OR RELATING TO YOUR PELLA PRODUCTS (INCLUDES PELLA GOODS AND PELLA SERVICES) AND WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE DISPUTES. 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 PRODUCTS. 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 of Your Pella Goods. To opt out, You must send notice by e-mail to firstname.lastname@example.org, with the subject line: “Arbitration Opt Out” or by calling (877) 473-5527. Opting out of the Arbitration Agreement will not affect the coverage provided by any applicable limited warranty pertaining to Your Pella Products. For complete information, including the full terms and conditions of this Arbitration Agreement, which are incorporated herein by reference, please visit www.pella.com/arbitration or e-mail to email@example.com, with the subject line: “Arbitration Details” or call (877) 473-5527. D'ARBITRAGE ET RENONCIATION AU RECOURS COLLECTIF ("convention d'arbitrage") EN FRANÇAIS SEE PELLA.COM/ARBITRATION. DE ARBITRAJE Y RENUNCIA COLECTIVA ("acuerdo de arbitraje") EN ESPAÑOL VER PELLA.COM/ARBITRATION.
Product Performance Information
U-Factor, Solar Heat Gain Coefficient (SHGC), and Visible Light Transmittance (VLT) are certified by the National Fenestration Rating Council (NFRC). Manufacturer 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 products 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(s) 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 products 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.
No employee, agent or other person is authorized to modify this warranty to assume for us any liability in addition to this warranty.
Sole and Complete Agreement
This Contract constitutes the sole and complete agreement between the Buyer and Pella Corporation (Seller). The Conditions set forth herein supersede all previous representations, specifications, terms or other documents issued by the Seller or its employees or agents, either written or oral, and any purchase order or other documents issued by the Buyer either before or after this Contract. The Buyer agrees that the product(s) listed herein are 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, etc.
The pricing on this Contract will only remain valid for thirty (30) days after which it shall be void at Seller’s option unless the Contract has been executed by the Buyer and accepted by the Seller within this time frame. This Contract is binding on the Seller only upon acceptance by an authorized executive at the Home Office. If this Contract is not approved, the Buyer will be notified within 7 working days from the date the Contract is received by the Home Office. Otherwise the Contract is automatically approved.
The product(s) ordered in this Proposal/Contract will be built to the Buyer’s specifications and cannot be canceled, returned or exchanged.
Fax and E-Mail
Buyer agrees to accept faxed copies and/or e-mailed files as originals.
Order Verification includes field verification of sizing and job site conditions prior to production of material. Buyer recognizes and acknowledges that order verification may result in some size modifications and adjustments to the specifications on this order and that Buyer is responsible for making any necessary changes to order based on findings of Order Verification.
Seller will not be responsible for delays in delivery or causes beyond its control, and Buyer agrees to accept delivery in partial shipments as may be deemed necessary by the Seller.
At our option, we may elect to have the Order Verification work performed by a Subcontractor. Subcontractors are independent contractors and any work performed by the subcontractor beyond the scope of this Contract, and not approved by us, in writing, is not warranted by us.
Responsibilities of Others
Unless otherwise noted on the face of the Contract, our responsibilities do not include painting or staining, removal of window stickers, cleaning of glass, or filling nail holes.
Consequential and Incidental Damages
The Buyer agrees not to hold the Seller responsible for consequential or incidental damages including but not limited to damage to vehicles transporting product.
Pocket Window installations sometimes require the replacement of existing interior stops. Because this is not known until the work is performed, new interior stops, if provided, will not be pre-painted or pre-stained. Pocket installations of Pella Windows do not include interior or exterior trim unless specifically noted on the Contract.
Exterior Trim and/or Frame Expanders
Exterior trim and/or frame expanders are not included unless otherwise provided in this agreement. In some instances there may be color variations between aluminum trim and the aluminum cladding on the window or door itself. Note: If existing storm windows are to be removed, the exterior stop is likely to require cleaning, caulking and refinishing, all of which are not included in Pella’s scope of work unless specifically noted on the Contract.
Pre Painting/Pre Staining
Buyer accepts and understands that color matching to a sample or specific manufacturer’s specification will be done by Seller on a best efforts basis only. 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 that actual finishes on Pella interiors will differ from paint/stain samples.
Any repainting/re-staining required due to Buyer’s displeasure with the finish selection is the responsibility of the Buyer. The Buyer’s agreement to purchase signifies understanding and acceptance of this along with understanding and agreement that seller will not remedy any Buyer displeasure with pre-stained or pre-painted windows or doors.
All orders require payment in full at the time of placement. The Buyer’s failure to make any payment as required will void any and all warranties.
Should Buyer elect a financing option, payment in full is required at the time of Contract signing.
If the Buyer is paying by credit card, the Buyer herein authorizes the Seller to debit the Buyer’s credit card for payment.
The Buyer agrees to pay a finance charge of 16% per annum for all monies due which are not paid in accordance with the payment Terms of this Proposal/Contract. In the event the Buyer’s obligations arising under this Proposal/Contract are enforced through a collection agency or attorneys with or without suit or any other proceeding, Buyer agrees to pay all collection costs or reasonable attorney fees of 25% on the principal balance due plus court costs.
Product Only Sales
The Buyer shall carefully check material upon arrival and note on the delivery slip any shortage or damage. The Buyer also agrees that the product can be delivered without the Buyer being present, and agrees to accept the Seller’s shipping documents as proof of delivery. FAILURE TO REPORT CLAIMS OF ANY SORT ON THE DELIVERY SLIP SHALL CONSTITUTE ACCEPTANCE AND WAIVER OF ANY CLAIM.
Unless otherwise agreed to in writing, all product(s) will be delivered or picked up at the local Pella distributor the later of the date the product(s) is/are available for delivery or sixty (60) days from the date of the order. In the event the product(s) are not delivered or picked up within this time frame, it is mutually agreed that Seller will invoice Buyer for any outstanding balance and payment in full shall be due upon the invoicing from Seller not withstanding any contrary provision in this Contract. Buyer agrees that upon the Seller invoicing the outstanding balance, the Seller has satisfied all specific performance requirements and the risk of ownership will pass to the Buyer.
The Buyer agrees that the Need Date is an estimate of when the product(s) is/are to be delivered. Buyer agrees to accept delivery of the product(s) no later than sixty (60) days from the Need Date or on an alternate date agreed to by the Seller, unless the Seller agrees in writing to other acceptable delivery arrangements. In the event Buyer has not accepted delivery within ninety (90) days of the Need Date, Seller may then dispose of the goods in such a manner as Seller deems fit. Seller shall give Buyer no less than ten (10) days written notice of its intention to dispose of the goods and, thereafter, Seller will dispose of the goods in such manner as Seller deems appropriate.
The Buyer agrees not to withhold payment for any item(s) that is/are backordered or damaged in shipment, provided the Seller acknowledges such deficiency and provides the Buyer with assurances of its undertaking to remedy same.
The Buyer is responsible for installing all Pella products according with current Pella installation details and procedures. The Buyer is responsible for installing windows and doors plum and square and shimming where necessary. If these procedures are not followed, the Seller shall not be held responsible for improper operation of the product. Detailed installation instructions are available from the Seller upon written request. If others do the glazing, the Seller shall not be responsible for damage resulting from glazing work.
The Buyer is responsible for compliance with all applicable building codes.
Pricing and Product Descriptions
All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Site are subject to change at any time without notice. The inclusion of any products on this Site at a particular time does not guarantee that such products will be available. If a product you received from us is not as described, then your only remedy is through Pella warranties. See www.pella.com/warranty for details.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic, including any export or re-export restrictions.
Any of the provisions herein that are deemed unenforceable in any court of law or otherwise shall not negate the enforceability of any other provision hereof.
This Contract will be construed in accordance with the laws of the State of Iowa. In the case of litigation the Buyer agrees to waive all objections to venue and agrees that any such case shall be tried in the appropriate court having jurisdiction in the County of Marion, State of Iowa. In the case of litigation, The Buyer agrees to waive the right to a trial by jury.