1-Year Limited Installation Warranty
COVERED BY THE INSTALLATION WARRANTY
In addition to any warranty extended to the customer directly from the supplier / manufacturer of the product or materials
used in the installation, the independent contractor will separately warrant that all of its work substantially conforms to the manufacturer’s recommendations and follows industry standards and
quality guidelines and that, upon notice from customer, it will correct any faults related to defective workmanship or mis-application of the product at no additional cost to the customer. Should the
independent contractor fail to honor its installation warranty, for a period of one (1) year from the date of substantial completion of the work, upon notice to Manufacturer and only if the work is
determined to have been performed in a manner inconsistent with industry standards, Manufacturer may assist in the resolution of such defective work. If the warranty work requires the replacement of
a product that is no longer available, the customer agrees to accept a reasonable product match.
WHAT IS NOT
This Limited Installation Warranty does not cover the following items:
- Any installation
defect that was apparent or ascertainable at the time the work was completed but was not promptly reported to manufacturer and or dealership in writing.
- Damage related to
subsequent alterations, misuse or abuse of the covered items by any person other than the independent contractor;
- Damage resulting
from fires, storms, electrical malfunctions, accidents, floods, sub-grade moisture conditions, leaks or acts of God;
- Damage related to customer’s failure to observe any instructions from
the independent contractor and/or requirements of the manufacturer with respect to the product, including without limitation failure to control humidity and temperature levels within the
- Customer’s warranty has been voided by the manufacturer, for any
- The customer
understands that the customer must first make all reasonable efforts to compel the independent contractor to honor its warranty before contacting the manufacturer directly. The preferred remedy is
always for the repair or re-installation to be completed by the original installer whenever possible.
- With respect to any claim asserted by the customer against manufacturer
or independent contractor, the customer understands that the customer will have no right to recover or request compensation for, and manufacturer or independent contractor shall not be liable for,
any of the following items:
• Incidental, consequential, secondary, or punitive
• Damages for aggravation, mental anguish, emotional distress, or pain
• Costs in excess of the total contract amount for the project; or
• Attorney’s fees or costs.
- Cubix Commercial
Solutions, LLC and it’s independent contractor makes no other warranty, express or implied, other than as set forth herein;
- These limitations shall be enforceable to the extent permitted by
If a problem with the installation develops during the warranty period, after first attempting to get the independent
contractor to remedy the problem, the customer should contact their sales representative at their dealer they originally purchased the product or provide written notice to Cubix Commercial Solutions,
LLC at the following address:
Installation Warranty Claims
Cubix Commercial Solutions, LLC
8259 Kempwood Dr.
Houston, Tx 77055
The written notice should include the following information: the
customer’s name, address and telephone numbers and a description of the nature of the problem. Cubix Commercial Solutions, LLC will investigate the claim promptly. Any warranty work will be done
during normal working hours except where a delay will cause additional damage. The customer agrees to provide access to the site and to make available during the work a responsible representative
with the authority to approve the warranty work and confirm satisfactory completion of the warranty work.
Cubix Commercial Solutions, LLC
IS NOT A GENERAL CONTRACTOR NOR DOES IT PROVIDE CONTRACTING SERVICES.
The independent contractor is responsible for the performance of any work pursuant to a contract between the independent
contractor and the customer and the fulfillment of any and all warranties provided to the customer by the independent contractor.
This Limited Installation Warranty is voided under the following circumstances: The work is not included in the original
Project Description on the; the customer has signed the Completion Certificate but has not made final payment for the project.
Customer acknowledges that this Limited Installation Warranty constitutes the entire agreement between the parties and that NO
representation, whether oral or in writing, shall in any way alter the terms of this Limited Warranty. Furthermore, nothing in this Limited Warranty shall in any way restrict the right of the
independent contractor to bring action against the customer for non-payment.
CUBIX COMMERCIAL SOLUTIONS, LLC
TERMS AND CONDITIONS OF SALE
1. Offer to Sell.
Cubix Commercial Solutions, LLC. (“CCS”) hereby offers to sell the products and or services described in this Quotation (the “Goods”), but only on the terms and
described herein. If Buyer submits to CCS a purchase order or other documentation with terms and conditions different from or additional to the terms and
conditions described in
this Quotation, CCS hereby objects to those terms and does not assent to them. No such term shall be considered to be a part of any contract between the parties.
The terms of
CCS's Quotation, except for these Conditions of Sale, are not binding, do not constitute an offer and are subject to change without notice.
2. Payment Terms.
Unless otherwise specified, payment terms are net thirty (30) days from the date of the invoice issued by CCS, subject to a 2% discount if paid within ten (10)
days of the date of
such invoice. Any payments not made within thirty (30) days of the date of the invoice shall be subject to a late payment charge of 1½% per month on the unpaid
balance of any
amount then passed due.
The quoted purchase price may be increased to the extent that CCS’s cost of the Goods may be increased as a result of (1) any agreements, codes, or legislative
or enacted pursuant to federal, state of municipal legislation; and (2) increase in the cost of labor or raw materials. In addition to paying the quoted purchase
price, Buyer is
solely liable for any excises, levies or taxes which CCS may be required to pay or collect, under any existing or future law, upon or with respect to the sale,
storage, processing, use, consumption or transportation of any of the Goods, and Buyer agrees to pay the amount thereof on the same terms as it shall pay the
CCS warrants that the Goods and/or services shall conform to the description stated on quotation hereof. THE FOREGOING WARRANTY IS CCS'S SOLE WARRANTY
RESPECT TO THE GOODS AND/OR SERVICES THAT ARE THE SUBJECT OF THE QUOTATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CCS's
LIABILITY FOR BREACH OF WARRANTY HEREUNDER IS LIMITED SOLELY TO THE REPLACEMENT OF THE DEFECTIVE OR DAMAGED GOODS OR WORKMANSHIP,
WHICH SHALL BE RETURNED TO CCS, TRANSPORTATION CHARGES PREPAID BY BUYER; AND THE FAILURE TO GIVE NOTICE OF A WARRANTY CLAIM WITHIN
THIRTY (30) DAYS FROM DATE OF DELIVERY SHALL CONSTITUTE A WAIVER BY BORROWER OF ALL CLAIMS IN RESPECT TO SUCH GOODS. THE FOREGOING SHALL
CONSTITUTE THE SOLE REMEDY OF BUYER AND THE SOLE LIABILITY OF CCS UNDER THIS WARRANTY.
5. LIMITATION OF LIABILITY.
CCS's LIABILITY TO BUYER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED IN ANY CASE THE
RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL CCS BE LIABLE FOR SPECIAL, IN DIRECT OR
CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR LIMITING CCS'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF THE TRANSACTIONS UNDER THIS INVOICE MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE DATE OF THIS INVOICE. WITHOUT LIMITATION OF
THE FOREGOING, IN NO EVENT WILL CCS BE RESPONSIBLE OR LIABLE FOR (A) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (B) INDEMNIFICATION OF
BUYER OR OTHERS FOR COSTS, DAMAGES OR EXPENSES ARISING OUT OF OR RELATED TO THE GOODS OR SERVICES.
Claims by Buyer for shortages or errors in delivery must be made within five (5) days after the delivery of the goods. Goods are subject to the standard
manufacturing practices of
CCS's suppliers. Installation or workmanship is guaranteed for 1 year after the delivery of the goods.
No goods shall be returned for credit or a credit for services taken without first obtaining written consent from an executive officer of CCS.
Delivery terms are either F.O.B. CCS's warehouse, Houston, Tx. Buyer shall assume all risk of loss or damage upon delivery to CCS from the carrier at the point of
Scheduled dates of delivery are determined from the date of CCS’s acceptance of any order or orders placed by Buyer and are estimates of approximate dates of
delivery, not a
guaranty of a particular date of delivery. CCS shall not be liable for any damages caused by failure or delay in shipping the Goods, if such failure or delay is
due to any war,
embargo, riot, fire, flood, accident, mill condition, strike or other labor difficulty, an act of Buyer, an act of God, an act of a governmental authority,
transportation shortage or
failure, inability to obtain sufficient fuel, labor, materials or manufacturing facilities, or any other cause beyond the reasonable control of CCS.
9. Security Interest.
Shipments, deliveries and performance of work by CCS shall at all times be subject to the approval of and requirements of the credit department of CCS, including
that Buyer pay part or all of the purchase price in advance. CCS retains a purchase money security interest in all Goods and or services not paid for in full,
notwithstanding that the
Goods and or services have been delivered to Buyer, and Buyer hereby authorized Seller to execute and file financing statements describing the Goods and or
services, and other
document which may be requested by CCS to evidence its security interest.
Orders accepted by CCS are subject to cancellation by Buyer only upon the express written consent of CCS. Upon such cancellation and consent, CCS shall cease work
for Buyer all completed and partially completed articles and work in progress and Buyer shall pay CCS: for all work and materials that have been committed to
and/or identified to
Buyer’s order plus a cancellation charge as prescribed by CCS, in addition to a reasonable profit to CCS on the entire project.
In addition to the foregoing, Buyer agrees to save and hold CCS harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or
in part, directly or
indirectly, out of the negligence or lack of care by Buyer or Buyer’s customers, agents, employees or invitees involving the use of the goods and or services
supplied by CCS. This
indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon CCS in connection with the defense of any such
12. Governing Law.
Any agreement arising out of this transaction shall be deemed to have been made in Houston, Harris County, Texas. The parties agree that the validity,
performance of any agreement arising out of this transaction shall be governed by the laws of the State of Texas without regard to conflicts of interest laws.
Buyer and CCS hereby
submit to the exclusive jurisdiction for the resolution of any disputes hereunder, to the courts of Houston, Tx. This shall be the sole and exclusive jurisdiction
and venue for the
purpose of adjudication of any rights and liabilities hereunder.
In the case of default or breach by Buyer in the performance of any or all of the provisions of this agreement, CCS may cancel any outstanding order from Buyer
and declare all
obligations immediately due and payable, and shall in addition have all remedies afforded any other applicable law. Buyer shall in addition, be liable for CCS’s
in exercising any remedies available to it, including reasonable attorney’s fees and legal expenses. All unpaid obligations shall bear interest at the rate
provided under terms of
14. Delay. If Buyer requests deferral of deliveries, CCS’s agreement to defer delivery shall not excuse Buyer from its obligation to pay for storage of the goods.
Buyer shall pay such
storage charges as CCS may assess for storing the goods awaiting delivery. If Buyer requests deferral prior to commencement of delivery, CCS may require storage
connection with expenses for materials and services incurred by CCS in anticipation of delivery.
15. Commencement of Work. CCS requires that prior to the commencement of any work that the following is received (a) Purchase Order, (b) Signed Quote. Time &
require a PO# only that the time and material can be billed against after the completion of the work.
16. Change Orders. Any change of scope or additional work that is not in the approved quote is subject to a change order. CCS reserves the right to stop all work
in progress until
approval is received for the additional charges due to the change or scope or downtime/delays not caused by CCS.
17. Exclusions. Unless otherwise specified, this Estimate does not include: (a) Unloading without a dock (b) An extended "Push". A standard push is quoted at
approx. 75ft or less.
(c) Stair Carry of product (d) Street Unloading (e) Permits (f) Carpentry work / Grommets (g) Cuttables (walls) (h) Installation of third party hardware. These
services are available
at an additional cost.
18. Basis of Quotation. Unless otherwise specified, the quote is based on the following: (a) Installation site is reasonably clear & free of other trades and
material. (b) Downtime will
be additional (c) Continuous Installation. Additional trips to be quoted separately. (d) Where lighting, sprinklers and HVAC obstruct the installation location,
they are moved prior
to onset of installation. (e) The mechanical trades are not scheduled during wall installation. (f) Assumes site can accept a 54' van with a sleeper cab and has
sufficient staging area
for full trucks. (g) Availability and access of dedicated elevator and loading dock in 4 hour uninterrupted lots.