1. "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by us."

2. "Good" or "Goods" means the goods (including any installment of goods or any parts for them) which we supply in accordance with these Conditions.

3. "We" and "us" means Cypress Windows & Doors LLC.

4. "Writing" includes facsimile transmission, email and other comparable means of communication.

5. "You" means the consumer who accepts a quotation from us or whose order for the Goods is accepted by us.

6. "including" and "in particular" shall be construed as not limiting any general words or expressions with which either of those expressions is used.

1. Payment must be made in advance, in full and in cleared funds before we dispatch the Goods to you. Where the Goods are being installed by yourself on behalf of someone else, we shall dispatch the Goods to you once we have received confirmation from the contracting company that an appropriate installation contract has been entered into by yourself.

2. You can pay by cash, check, credit card, Zelle or bank transfer and by any other methods of payment as published from time to time. We accept credit & debit card payments through Stripe or PayPal. 

3. Mailed copies of receipts for payment shall be issued only on request. Otherwise all receipts will be transacted through the internet/email.

4. You must read our terms and conditions first before making the payment, which will be stated on the sales order confirmation and invoice sent to you. You are considered to agree with our terms and conditions by making the payment. 

1. We shall endeavor to ship or deliver the Goods in standard lead time 10-12 weeks excluding holidays from receiving the first installment payment and every reasonable effort shall be made to keep to any estimated delivery date. If we are unable to do this, we shall contact you to agree a new delivery date.

2. Time of shipping or delivery shall not be of the essence and in circumstances where we fail to meet any estimated delivery time, from unforeseen demand, discontinued products or any other such matter outside our control, we shall not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.

3. We may ship or deliver the Goods in advance of the quoted delivery date and notification of delivery may be made by telephone call/message, email, fax or by post on the due date.

4. A carrier's first attempt to deliver shall be considered as the delivery date.

5. Unless otherwise agreed, we may ship or deliver the items comprising one order by installments however delivery shall not occur until the final item that you ordered has been delivered to you. This clause shall not apply if you have ordered Goods in several different contracts such that the deliveries are due to be made at different times.

6. We shall ship or deliver goods to your given delivery address and you shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, in addition to any other rights that we may have, we shall store the Goods until actual delivery and may charge you for the reasonable costs (including insurance) of storage. This clause shall not apply if your failure to take the delivery arose out of circumstances that were outside your reasonable control.

8. We shall decide upon the best method for delivering the Goods.

9. Our delivery charges, delivery insurance charges and the timing of all deliveries shall be published from time to time and shall be confirmed to you when we accept your order. 

1. The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.

2. We are the owners of the Goods until we have been paid in full in cash or cleared funds for such Goods.

1. Chargeback is not accepted for goods that have been custom made for you.

2. Except for failure to deliver, or delivery of the wrong product, damaged or missing parts, then goods are not eligible for chargeback, and you should use our Cancellations, Replacement or Returns Procedure (Section 11) for materials surplus to requirements or not meeting your expectations.

3. Goods that have been installed and thus customized to suit your property or project will be deemed to have been accepted by you as meeting your requirements and expectations, so please inspect your delivery carefully before installation commences.

4. If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), or a claim for refund, whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected and insured and identified as our property.

5. In addition to any other rights we may have in these circumstances, we may upon by giving 7 days notice require you to return or deliver up the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value.

6. If a chargeback or claim has been made, please note that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.

1. The relevant period and limitations of the manufacturer warranty as to the goods & services supplied to you at the time of delivery and/or installation if it's installed by us.

2. We warrant that the Goods will at the time of delivery correspond to the description we have given in our confirmation and/or drawing order.

3. We shall only be responsible for our negligence where we have caused death or personal injury.

4. We shall not be responsible for any defect arising in the Goods arising from:

• any drawing, design, dimension or specification supplied by you; and/or
• fair wear and tear; and/or
• willful damage by you or a third party; and/or
• abnormal working conditions; and/or
• your failure to follow our instructions (whether oral or in writing); and/or
• the alteration or repair of the Goods without our written approval.

5. We shall be under no liability under any warranties unless and until you have paid the total price for the Goods.

6. Where the defects are covered by manufacturer's warranties, details of which will be supplied to you on delivery of the Goods, you shall be entitled to the benefit of the manufacturer warranties only.

7. We shall not be liable under these Conditions for any loss (consequential or otherwise), or damage or delays caused by us or our employees or agents in circumstances where

• matters were outside our reasonable control; or
• you failed to provide us with relevant information that would have had an impact on our actions;
• there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
• any loss or damage suffered by you is not a reasonably foreseeable result of any such breach by us;
• the increase in loss or damage suffered by you resulted from the breach by you of a term of these Conditions.
• Decorative or remedial repairs caused as a normal consequence of installation which require the services of other trades except where it can be shown that our employees acted negligently or maliciously.
• You should make arrangements to remove and/or move and/or protect any items of value (monetary or sentimental) prior to the commencement of works. This includes (but not limited to) paintings, photographs, furniture, memorabilia, pottery artifacts, jewelry etc. Where our engineers are requested or required to move valuable items, you must supervise the process, give guidance and any such removal and/or action proceeds at your risk. Please check your household contents insurance documents pertaining to ‘Tradesmen’ and any exclusions. The company does not accept liability for any accidental damage incurred as a result of our engineers having to move items to effect the installation, except where it can be shown that they have acted wilfully or maliciously.
• Impact on other trades or tradespersons including costs for attending when goods have been supplied insufficiently, incorrectly or have been delivered or despatched late.

Pursuant to above, customers are advised not to arrange installation or work involving other tradespersons until the goods have been satisfactorily received. Clients proceed at their own risk if any goods are delivered incorrectly, short, late, or damaged.

8. We shall not be held responsible for any incompatibility issues or consequential losses which arise out of or in connection with the supply of the Goods or their use by you including losses or damages of the types listed below:

• loss of profit; and/or
• loss of anticipated savings
• loss of business and/or goods; and/or
• loss of revenue; and/or
• loss of contract; and/or
• loss of goodwill; and/or
• loss of use; and/or
• loss and/or corruption of data and/or other information; and/or
• downtime; and/or
• any damages, cost or losses relating to the procurement by you of any substitute or additional hardware or software, materials, tools and labor.

9. Manufactur limited warranty as follows:

• Fungal & Insect-30 years
• Glass sealed unit-5 years for single sealed and 10 years for double sealed
• Hardware-10 years not including hardware selected by customer with other brands
• Workmanship-10 years
• Paint-12 years
• Stain- up to 6 years

10. Cessation of Warranty. Where payment for goods or services remains outstanding, then the company reserves the right to cancel any warranty if not settled within 30 days from the agreed payment date.

For 3rd party installation issues, we offer technical support and charge on site visit fee if required. We will charge the labor and any related travel cost if we are asked to repair and fix such problems from the work done by the 3rd parties. Diagnose fee and labor cost need to be paid in full upfront. 

Returns:

1. You are asked to examine the Goods and tell us about any fault or damage or any failure of the Goods to correspond to specification within 5 days after delivery of the Goods.

2. Custom orders are final and cannot be returned. 

3. We shall deduct a reasonable amount from any prepayments that you have made in relation to any such returned Goods to prepare them for resale if they have not been returned in accordance with clause 11.2.

4. You should preserve any Goods in respect of which any claim of defect or damage is made by you and we may ask you to:

• retain the Goods for a reasonable period to enable us or our agents to inspect the Goods; or
• allow us to collect the Goods if they are defective

5. You shall be responsible for any loss or damage caused to returned Goods where such damage has been caused by your negligent or faulty packing.

6. Where any valid claim made by you in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or our failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to repair and fix the Goods (or any part thereof) free of charge (or a proportionate part of the price), but we shall have no further liability to you.

7. For the elimination of doubt and for dispute resolution, ‘manufactured correctly’ shall mean within a reasonable variance of ±3mm.

Cancellation:

A.Business to Consumer

You may cancel your order within 5 business days of the agreement execution before we incur any cost or start any production activities, and the cancellation request shall be sent to us by writing. The effective date of cancellation is the date we acknowledge the receipt of the cancellation request. 

We shall refund any money paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.

You shall be liable for the cost of returning the Goods to us if you cancel your order. This clause shall not apply to:

• Goods made to your specifications; and
• Products which have been installed by you, us or others.
• Products which have been cut to size and/or installed as they are considered bespoke or personalized goods 

B. Business to Business (Commercial Transactions)

Where goods have been ordered for projects and/or commercial projects, cancellations may be accepted subject to the following terms.

• Prior to payment unless advance materials have been ordered on your behalf for testing, approval and or promotional activities, prior to placement of said order.
• Goods which have been ordered in good faith on your behalf following a verbal or written instruction in advance of an official purchase order may not be canceled.
• Goods ordered and paid for in good faith for bulk orders or project work may not be canceled except in the case of insolvency, winding up and or foreclosure of your business and/or only with the written agreement with us.

Where cancellation is accepted by us, we reserve the right to offset any out of pocket expenses in preparing and providing designs, quotations, technical support and or site visits, and any loss of profit incurred by said cancellation.

We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of acceptance of cancellation was given by us. The refund shall be made by the same method as payment. The accuracy of any data provided by you is your responsibility.

1. We shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which you have made within 48 hours of receipt of any such query.

2. We shall make every reasonable endeavor to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter.

3. Telephone calls made to us may be recorded for training purposes.

Both of us acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in our sales literature and on our website.

1. We shall not be liable to you if we have delayed or failed to perform any of our obligations under this contract in respect of the Goods if the delay or failure was due to circumstances outside our reasonable control. The following are some examples, but not all, of circumstances beyond our control:

• act of God, explosion, flood, tempest, fire or accident;
• war, threat of war, sabotage, insurrection, civil disturbance or requisition;
• acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• import or export regulations or embargoes;
• strikes, lock-outs or other industrial actions or trade disputes; and
• difficulty in obtaining materials, labor or machinery.

2. If we are unable to provide you with your Goods within a reasonable time, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.

We may share your information with other companies in the group and other third parties. Please note that you may be contacted or sent information in respect of further goods and services available and should inform us in writing in the event that you do not wish to receive this.

No third party shall be allowed to enforce any rights under this contract.

We shall be entitled to enforce all of our rights under these Conditions at any time even if we do not immediately enforce them or do not enforce them when we first become entitled to do so.

1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

2. Notices shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting the day on which it was posted and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.

1. These Conditions shall be governed by and construed in accordance with the laws of the State of Delaware.

2. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreements and you wish to take court proceedings, you must do so in the state of Delaware of the United States.