ORDER ACCEPTANCE: All orders are subject to final home office acceptance upon receipt of specifications at our plant in New Castle, PA, and are entered only at the price in effect on date of shipment. All orders accepted are subject to strikes, lockouts, contingencies of transportation, failure of unusual source of supply if fuel, materials or labor, fire, accidents or others cause beyond our control and seller shall be relieved from responsibility for delay or failure of delivery arising out of any such causes.
TAXES: All federal, state, local, sales and use, and excise taxes shall be paid by purchaser where applicable.
JURISDICTION: Any agreement stemming from Purchase Order between Consolidated Glass Corporation and its customer shall be governed by and construed under the laws (excluding conflicts of law rules) of the Commonwealth of Pennsylvania. Both parties waive the right to a trial by jury. Any lawsuit between the parties shall be brought exclusively in Lawrence County, Pennsylvania, except to the extent necessary to enforce remedies.
NON-LIABILITY OF SELLER: Seller shall not be liable for any costs of consequential damages to anyone by reason of any delay in performance or failure to deliver material within the time limit specified by Customer or stated by Seller. Seller shall not be liable for breakage of Customer glass accepted by Seller for processing, regardless of whether breakage occurs in processing handling or transportation. Customer shall indemnify and save Seller harmless from any and all liability, loss damage, expense, causes of action, suits, claims or judgments arising from injury to person or property resulting from or based upon the actual or alleged use, handling delivery or transportation of any or all material herein; and shall, at its own cost and expense, defend any and all suits which may be brought against Seller either alone or in conjunction with others upon any such liability or claim or claims and shall satisfy, pay and discharge any and all judgments and fines that may be recovered against Seller in any such action or actions, provided, however, that Seller shall give Customer written notice of any such claim or demand.
BREAKAGE: All shipments via Commercial Carrier shall be made on a freight collect basis. The customer shall not reject damaged shipments, but shall accept shipment and preserve his remedies against the appropriate party and indicate on Bill of Lading that material is “DAMAGED”. All shipments shall be accepted and Bill of Lading shall be marked “Subject to Inspection”. Consolidated Glass Corporation will not honor claims or back charges for concealed damages, and we cannot accept shipments consigned or refused by customer and returned to us by the carrier.
CUSTOMER’S INSPECTION & REMEDIES: If any material delivered to a customer is defective or fails to conform to contract requirements, seller will furnish instruction for its disposition. No material will be returned to Seller without its consent. A claim of defective or non-conforming material will be deemed waived unless in writing by Customer within 10 days after receipt of material to which such claims relate. All replacement glass is F.O.B. New castle, PA
CREDIT: All orders shall be subject to the approval of the Seller’s Credit Department before acceptance.
OVERSHIPPING: On case quantity orders (same size and type) Consolidated Glass Corporation reserves the right to overship by up to 3%.
BOXING: Maximum weight of boxes should not exceed 1250# and will be added to invoices. Proper packing procedures may necessitate additional cases for orders with varying sizes and shapes. These charges will be held to a minimum but at factory’s discretion.
FUEL SURCHARGE: Subject to change quarterly based on Float Manufacturers surcharge formula and Consolidated Glass Corporation formula.
MINIMUM CHARGE: The minimum charge per invoice is $50, not including boxing, freight or fuel surcharge.
CANCELLATION OR SIZE CHANGE: All orders which production has not been started may be cancelled or sizes changed with no penalty to the customer. If the order has been entered into our computerized cutting system, the customer will be billed for the finished product. The raw or tempered glass will be shipped to the customer or disposed of in accordance with the customer’s instructions.
TERMS: Terms of payment shall be a 1% cash discount within 10 days from date of invoice, unless stated otherwise. No discounts are to be taken on prepaid & add freight charges, boxing, or fuel surcharges. Invoices not paid within 30 days of invoice date will impose a penalty of 1.5% per month. Accounts not paid within 75 days of invoice date will be sent to collections and assessed filing, collection and attorney fees and will be included in our claim against your company. A $35 insufficient funds fee will also be applied.
FREIGHT: Prices quoted are F.O.B. New Castle, PA, unless otherwise stated.
DELIVERY: Estimated shipping dates are predicated on prompt entry of order and are extended by as many days as are required to clear an order for credit. We will not be held liable for late delivery due to freight carrier’s problems.
BILLING: Odd or fractional inches will be billed to the next higher even inch.
TEMPERED/LAMINATED/ANNEALED ORDERS: Consolidated Glass Corporation warrants that all tempered glass bearing our present trademark with its appropriate SGCC number, complies with test requirements of the CPSC standard for architectural glazing materials 16CFR 1201 categories (I) and (II) as well as the ANSI-Z97.1-2007 Standard. Consolidated Glass Corporation also warrants that all glass tempered or laminated at this location and bearing the above named trademark meets the ASTM C1048-current edition, ASTM C1036-current edition, for tempered and ASTM C1172-current edition, for laminated specifications published by the American Society for Testing and Materials. SELLER MAKES NO WARRANTY THAT THE MATERIAL SHALL BE FIT FOR A PARTICULAR PURPOSE OR USE AND NO OTHER WARRANTY EXPRESSED OR IMPLIED. The Customers’ exclusive remedy and the limit of the Seller’s liability for any loss or damage resulting from defective goods or from any other cause, shall be limited to replacement of the defective material, F.O.B. Seller’s plant or at the Seller’s option, to refund the purchase price, Consolidated Glass Corporation will bear no other expense, such as labor costs of any kind, NOR SHALL CONSOLIDATED GLASS CORPORATION, UNDER ANY CIRCUMSTANCES BE LIABLE IN ANY WAY FOR INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND OR NATURE. Purchaser’s exclusive remedy is limited to a replacement of the unit as noted above.
TRADEMARK/LOGO: Unless otherwise requested, all glass tempered by Consolidated Glass Corporation will be permanently trademarked (Logo) in one corner, in accordance with FHA Minimum Properly Standard for Glass, Safety Glazing laws and the NEW ANSI Standard Z-97.1-2007 all transparent and patterned tempered safety glass materials for construction use must be permanently marked. This marking will show the ANSI coding, the assigned SGCC number, the temperer and the nominal glass thickness. In addition, all fully tempered glass supplied by Consolidated Glass Corporation will comply with the CPSC Standard for Architectural Glazing materials, 16 CFR 1201, categories (I) & (II).
LIMITATIONS: Tempered Glass cannot be cut, drilled, ground or otherwise processed after tempering. Wire glass cannot be tempered and should ONLY be used in Fire Rated applications (note: safety product).
SIZE & THICKNESS LIMITATION: The maximum size which can be tempered is 84″ x 144″; thickness from 1/8″ thru 3/4″ can be tempered. The minimum size for tempered products must have at least a 12″ diagonal dimension.
STANDARD & TOLERANCES: All material, including that produced to meet exact specification, shall be subject to the following specific tolerances and variations.
|1/8" to 1/4"||Up to 60"||+1/16" - 1/16"|
|3/16" to 1/4"||60" to 90"||+1/16" - 1/8"|
|3/8" to 3/4"||All||+1/8" - 1/8"|
TEMPERING CUSTOMER’S GLASS: Under special arrangements Consolidated Glass Corporation will temper customer’s glass. Under no circumstances will Consolidated Glass Corporation be responsible for damage done to glass tendered us for processing. Such damage would include, but is not limited to, scratches, runs, chips or breakage, originating from storage, processing or transportation.
PRICE QUOTATIONS: All Price Quotations are good for 30 days from date of issuance, unless Consolidated Glass Corporation grants specific extension.