Terms & Conditions

1.   PAYMENT
(a)     Unless otherwise agreed, the Customer will pay Legacy the Price as follows:

(i)             the Deposit upon the Customer’s acceptance of this Purchase Agreement; and

(ii)            the Remaining Balance upon substantial performance as determined by Legacy.

(b)     Legacy reserves the right to invoice for components or part of the Work based on a percentage of Work complete in its sole discretion.

(c)     Invoices are due upon receipt. Interest accrues at the rate of twenty-four percent (24%) per annum on all overdue amounts

2.    TIMING
(a)     Legacy will commence the Work as soon as reasonably possible as may be permitted by the schedules of both the Customer and Legacy.

(b)     The Customer will not delay completion of the Work without Legacy’s consent and the Customer will be liable for all costs, including any storage expenses, incurred by Legacy as the result of any delay by the Customer of the completion of the Work.

3.    STANDARDS OF WORK
(a)      Legacy agrees to supply all labour, materials and supervision to complete the Work in accordance with this Purchase Agreement, and agrees to undertake all Work diligently in a good and workmanlike manner, in all material respects in accordance with Legacy’s Internal Standard guide, this Purchase Agreement and, subject to subsection (b), in compliance with applicable building codes and bylaws. Legacy’s Internal Standard guide is derived from industry best practices and publications such as the Washington State Building Code, “Best practices for window and door replacement in wood-frame buildings” published by the BC Homeowners Protection Office (2013). Legacy reserves the right to modify installation details as required in order to reasonably satisfy installation requirements of the site.

(b)      There may be features of the Customer’s building(s) that do not meet current building code requirements. Where such features are not specifically included in the scope of Work to bring them in compliance with the building code, Legacy will not be responsible for them.

(c)      It may be found that the existing structure is out of plumb and/or out of level. The Work does not include leveling or straightening of the existing structure unless it is specifically included.

(d)      When determining window and/or door sizes, Legacy strives to balance Customer desires, building code/structural requirements, aesthetics and proper window operation within the context of existing site conditions. Customer agrees and accepts that final window and/or door sizes are within the discretion of Legacy unless otherwise agreed to in writing.

 (e)     The Customer agrees that Legacy is not responsible for reconnection of any alarm or security systems that currently exist. Legacy will make reasonable attempt to retain existing wired or wireless contacts, and run existing alarm wire through new window frame, but will not be responsible for any final termination, and the Customer will coordinate with alarm companies to fulfill this. In the event that wires cannot reasonably be rerun through new window frame due to breakage, window configuration changes, or other reasons, it will be the Home Owners’ responsibility to address the same.

(f)       The Customer accepts that there will be inconveniences from time to time and Legacy agrees to reduce such inconveniences to the extent reasonably possible within the confines of the Price and timing.  The Customer agrees to ensure that Legacy has all required access to the Work and the site, and will ensure that there is no undue interference with the performance of the Work.

4.    WARRANTY

Subject to payment of the Price, Legacy offers the following warranty:

(a)     Materials: The materials are warranted and guaranteed only to the extent and in the manner expressly warranted and guaranteed by the manufacturer(s) of the materials and then only to the extent Legacy is able to enforce such express warranty(ies) or guarantee(s).

(b)     Labour: Subject to subparagraphs (c) and (d), Legacy provides a limited lifetime warranty ( the “Warranty”) for defects in workmanship as follows:

(i)               For owner occupied residences in Washington State

a.       Window and Door Replacement Labour: for as long as the Customer owns and occupies the home. If the Customer sells the home within ten (10) years from the original installation date by Legacy, this limited warranty may be transferred to all subsequent owners of the property for the balance of the ten (10) year period provided that: the subsequent owner occupies the home; Legacy has been notified in writing within sixty (60) days of the property transfer including the names of the previous owner and the new owner; payment of a transfer fee of $50.00; and a copy of the original Purchase Agreement;

b.      All Other Labour, including in relation to exterior cladding: for a period of two (2) years from the original installation date by Legacy.

(ii)              For any other type of Customer in USA, including, HOA, corporations, institutional or government entities, for a period of two (2) years from the original installation date by Legacy.

(c)     The Warranty does not cover the following:

(i)               weathering, normal wear and tear, deterioration, fading, discoloration or deflection consistent with normal industry standards;

(ii)              normal shrinkage of materials caused by drying after construction;

(iii)             materials, labour or design supplied by the Customer;

(iv)             caulking, flashing, self-adhered membranes, building wrap or building paper;

(v)              application of harmful cleaning solutions including but not limited to acetone, petroleum products, alkaline or abrasive compounds;

(vi)             use of metal or abrasive tools to clean extrusions or glass such as scrapers, razor blades, or steel wool;

(vii)            application of exterior finishes, such as stucco, applied against the edges of window or door frames without a flexible perimeter joint providing suitable movement capability and properly filled with resilient sealant;

(viii)           any damage to the extent that it is caused or made worse by the Customer or a third party including, without limitation:

a.      negligent or improper maintenance or improper operation by anyone other than Legacy, or its employees, agents or subcontractors; and

b.     failure to comply with the warranty requirements of the manufacturer(s);

(ix)             damage caused or made worse by the failure of the Customer to take reasonable steps to mitigate any loss or damage, including the failure to give prompt notice to Legacy of a defect or potential defect; and

(x)              Any defect in or caused by, materials or work supplied by anyone other than Legacy, its employees, agents or subcontractors;

(xi)             Changes, alterations or additions made to the Work after substantial performance, except those performed by Legacy, its employees, agents or subcontractors under this Agreement;

(xii)            Subsidence of the building;

(xiii)           Landscaping, both hard and soft, including plants, fences, detached patios, gazebos and other similar structures;

(xiv)           accidental loss or damage by acts of nature, including, but not limited to, fire, explosions, smoke, water escape, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquakes, avalanche, landslide and changes in the underground water table or any other condition outside of the control of Legacy.

(d)     The Warranty shall not be effective as to any claim of which written notice is not received by Legacy from the Customer prior to the expiration of the applicable warranty period.  Any action for breach of the Warranty must be commenced within one (1) year after the date upon which the cause of action occurred.

(e)     Except as expressly stated herein, Legacy excludes and disclaims any and all other representations, warranties, or conditions, whether expressed or implied, including, without limitation, any warranties or conditions of merchantability or fitness for a particular purpose.

5.    LIMITATION OF LIABILITIES
Legacy’s liability for any and all claims, damages, losses and injuries arising out of or relating to Legacy’s performance or breach of any term of this Purchase Agreement shall not exceed the amount of the Price.  In no event will Legacy be liable for incidental, special or consequential damages, including, without limitation, loss of profits, business or goodwill, and loss of use of equipment or facilities.

6.    WAIVER OF CLAIM
As of the date of final payment, the Customer expressly waives and releases Legacy from all claims against Legacy including without limitation those that might arise from negligence or breach of contract by Legacy except one or more of the following:

(a)     Those made in writing prior to the date of final payment and still unsettled; and

(b)     Those made in writing and covered by the Warranty pursuant to Section 4.

7.    PROMOTION
Legacy reserves the right to take photographs and/or video of the Work for Legacy’s promotional material.  Legacy will be permitted to post a promotional sign on the site for the duration of the Work and for one month following the completion of the Work.

8.    FORCE MAJEURE
Any delay or failure of Legacy to perform its obligations under this Purchase Agreement will be excused if, and to the extent that,  the delay or failure is caused by an event or occurrence beyond the reasonable control of Legacy and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, action by any governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, labour problems (including lock-outs, strikes and slow-downs), inability to obtain power, material, labour, equipment or transportation, or court injunction or order. 

9.   NOTICE

(a)      Any notice or other writing required or permitted to be given under this Purchase Agreement or for the purposes of it to any party shall be given in writing and mailed or delivered to the receiving party at the address (the “Address for Notice”) stipulated on the front of this Purchase Agreement.

(b)      Any notice delivered by hand shall be deemed given and received on the day it is delivered at the Address for Notice of the receiving party and any notice sent by mail shall be deemed given and received, subject to any mail strike, seven (7) calendar days after it has been posted in a pre-paid addressed envelope.

10.  TIME FOR PAYMENT OF ESSENCE
Time for payment by the Customer shall be of the essence.

11.  BINDING EFFECT
This Purchase Agreement shall ensure to the benefit of and be binding upon Legacy and the Customer and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns.

12.     GOVERNING LAW
This Purchase Agreement shall be governed by and interpreted in accordance with the laws of Washington State. The Customer hereby attorns to and consents to the jurisdiction of the courts of the State of Washington with respect to any disputes arising out of or in connection with this Purchase Agreement.

13.  ENTIRE AGREEMENT
This Purchase Agreement constitutes the entire agreement between Legacy and the Customer and supersedes and cancels all previous agreements and representations, whether oral or written, pertaining to the subject matter of this Purchase Agreement.  There is no representation, warranty, collateral agreement or condition affecting this Purchase Agreement other than as expressed in writing in this Purchase Agreement.