• The following terms and conditions are applicable to projects sold or negotiated by Aluminios de America LLC (AA) and Delta Engineers Corp. Delta Engineers is a company owned by Aluminios de America.

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• The above-noted price is subject to free access for our personnel and equipment at the work area. Once our work has been started, labors will not be interrupted. Any extra mobilization will end in extra charges.

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• Any change in the original specs of the project will end up in changes in costs.

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• Liquidated Damages clauses are not accepted.

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• The failure to pay on time any of our certifications or invoices will cause a cease of all labor going on in the project until payment has been secured or negotiation has been made and documented.

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•  Any purchase order or initial payment will be in acceptance of our terms and conditions.

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• We do not have any structural design knowledge. Any structural calculations may be done by a Structural Engineer in order to approve any of our suggestions.

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•  Detailed quantities stated in this quotation govern over any other quantity specified elsewhere.

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•  Inspection concerns about anything not listed in this quotation, that conflicts with any of our work and may incur extra costs for us, will imply these costs charged.

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• Any increase of the specified quantities or dimensions in this document will imply extra charges.

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• Payment must be 100% of the amount billed, retention is not accepted.

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• The cost of employee screening or background checks are not included in this quotation.

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• We may choose to end the work progress at any time and for any reason as long as the work progress and the payment completed are equal, as determined by our schedule of values.

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• Billings are not based on work completed, we will complete work after paid per progress billing. 

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• If a client does not wish to continue paying per our billing schedule, we will cease work immediately and demobilize from the project. The client may choose to complete the work with another contractor, or pay our re-mobilization fee prior to returning to the job site. Completing the project with another contractor will be at the client’s cost and will NOT be backcharged. We will reconcile the project and any balance will have to be covered within 15 calendar days.  

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• Change orders must be accepted and paid prior to execution. If a field order (minor change order that impedes the work progress) arises, it must be included in the billing and failure to accept an already performed field order will cause a cease of work progress until an agreement has been made. If the client cannot come to an agreement, we will reconcile the work progress vs payments to a net $0 per the schedule of values and demobilize from the job site. A field order may be defined as anything under $1,000. 

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• All our products are developed in-house and therefore they are our intellectual property. All drawings, calculations, code analysis and trade secrets shared during any phase of a project, including pre-contract negotiations and/or advice are CONFIDENTIAL and intellectual property belonging to Aluminios de America LLC and must NOT be shared or used in any way for any project including the project in subject. 

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• All the information, value engineering or design that has been developed in order to provide price or help the client visualize or solve a design issue is 100% intellectual property and may NOT be used completely or partially unless Delta Engineers is contracted for the work.

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• The revoking or change or novation of any of the terms herein does not affect the validity of the rest of the terms of this proposal.

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• Any further agreement made upon a resulting dispute does NOT constitute a contract novation and all the terms and conditions herein will stay valid. 

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• No payment arrangement of any kind or change of contract terms shall be considered as a novation of this contract. 

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• This proposal and its terms and conditions shall be the binding contract for this project. 

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• The terms and conditions in this proposal shall equally apply for Delta Engineers and/or for Aluminios de America LLC. Meaning that if the party engaged by the client is Aluminios de America, every clause that says “Delta Engineers” shall apply equally to Aluminios de America.

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• Glass breaks! It is expected that 2% - 3% of glass panels will break during installation. At the time of breakage a new glass unit will be ordered and the lead time will be the same as the original project order. To guarantee substantial completion, we may install a temporary glass unit to be replaced upon arrival of the new unit. Broken glass by others will not be replaced unless the extra cost is covered in advance.

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• The glass is installed clean. Dirt or stains caused during the construction period are not a responsibility of Aluminios de America.

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• For projects that are subjected to schedule- our schedules are dependent on suppliers and on the supply chain. Time must be granted for any delay caused by any supplier or supply chain issue. We do NOT accept liquidated damages.

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• If a value Engineering was done for the purpose of this proposal, or any conceptual or structural design was developed in order to provide pricing, the design and concept and form and configuration is 100% intellectual property of Delta Engineers and cannot be used for another project or provided to other contractor as an attempt to obtain price from another contractor.

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• This proposal and its terms and conditions shall be the binding contract for this project

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• An extended overhead charge of $2,800 per month shall apply if the project is delayed or paused by the client until work progress is resumed or the contract is formally terminated.

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• Any issued credits are to be billed on the back end and shall not be used in progress billings.

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• The color and appearance of glass WILL vary from the submitted samples due to heat treatments, frame color and building specific light transmittance. A glass sample will appear more clear than when a building is enclosed. The frame color may affect the visual perception of the glass due to the phenomenon “bounce light”. Depending on the glass thickness, the natural green undertone of clear glass may affect color perception from sample to reality. 

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• All submitted dimensions in our shop drawings or submitted drawings are rough opening (RO) dimensions unless otherwise specified. Constructors of openings must maintain the RO dimensions with an accuracy of ±1/6”.

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• All schedules or itineraries or lead times submitted are subject to changes due to multiple external factors such as supply-chain, sub-contractors, drafting delays etc.

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• Aluminios de America shall not be responsible for unknown, latent, or concealed site conditions, including but not limited to soil conditions, subsurface utilities, hazardous materials, or existing structural deficiencies, unless expressly included in the scope of services.

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• Aluminios de America (AA) shall not have control over, nor be responsible for, construction means, methods, techniques, sequences, or procedures, nor for safety precautions or programs in connection with the Work.
  These responsibilities rest solely with the Contractor or owner.

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• A maximum of 3 submittal iterations will be done without extra charges unless the reason for returned submittals is overwhelmingly AA’s fault. 

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• For change orders and partial billings, the service fees are as follows: Engineering ($385/hr), Drafting ($250/hr), R&D ($500/hr + consumables), Shop labor ($55/hr), Field labor ($75/hr). AA will not invoice hourly or any other charges apart from the contracted lump sum unless otherwise requested by the client. These fees are displayed merely for the client’s awareness and in the event of a project reconciliation. 

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• All drawings, calculations, models, and documents are instruments of professional service are intellectual property of AA and may be used only for the specific project and purpose for which they were prepared. Reuse, modification, or reliance on these documents without written authorization shall be at the Client’s sole risk, and Engineer shall have no liability for such use.

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• To the fullest extent permitted by law, Client agrees to indemnify and hold harmless AA and Delta Engineers and service providers from claims arising out of inaccurate information provided by Client or Client’s contractors.

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• As per AIA regulations and ethical guidelines, AA expects the Architect of Record (AOR) to act in a neutral non biased way. To not lean towards the owner unjustly in any way shape or form. A biased AOR will imply a major red flag for AA and we may hold job progress until this is clarified. 

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• Fire, ballistic, egress & blast products are certified in-house as per UL guidelines but are not UL listed unless otherwise specified in the quotation.

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• As per AAMA guidelines and industry standard: we will consider product imperfections, those that can be seen by the human eye at a 90º angle and a minimum of 15ft from the product. 

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• Most of AAs products are high performance or highly specialized fenestration systems which do require an unusually long lead time. The client understands this and was made aware of this during the sales process.

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• If a client is not ready for installation, storage fees will apply after 30 days of notification that we’re ready to mobilize for installation or deliver the goods. Storage fees are $1 per sqft per month. 

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• A nominal variation of ±1mm in the glass composition for laminated glass and ±2mm for IGUs is standard practice. Glass thickness may vary by these nominal differences from the submitted configuration depending on inventory availability and supply-chain. The performance values will be kept within the standard margins and will not be affected by these nominal differences. 

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• Payment percentages outlined at the beginning of these terms & conditions must be kept regardless of the breakdown for payment portions allocated to installation. The breakdown for payment is a tool to help the customer understand where the payment is attributed and to help the client accurately prepare their invoice to their customer, and it does not change the payment terms as per the percentage and their thresholds outlined here (10/45/35/5/3/2).

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• For projects without an AOR, any resulting dispute, if unresolvable by the parties in good faith, must be clarified by an industry expert (Architect or Engineer) to be hired by the client (baseless and biased client opinions will not be valid). If unresolved by the arbitrator (Architect / Engineer)  in good faith, the dispute MUST go to mediation before a trial (ADR Process). The client will cover the mediator fees. A general contractor and/or a competitor are NOT valid arbitrators.

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• For projects with an AOR, the Architect must follow the AIA ethical guidelines of neutrality and unbiased mediation in the event of a dispute. We WILL FILE a complaint with the CIAPPR against a biased Architect or Engineer. Upon any resulting dispute, both parties must make a good faith effort to resolve using the AOR as the arbitrator. If unresolved, the dispute MUST go to mediation before a trial (ADR Process). The client will cover the mediator fees. A general contractor and/or a competitor are NOT valid arbitrators.

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• The owner and their advisors (architect, engineer, contractor etc) are 100% responsible to assure that the submitted product complies with the rough openings in size, configuration, geometry, material composition and structural capacity. 

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• AA cannot verify or confirm the structural capacity of the opening material onto which the fenestrations will be attached to. For a fenestration to perform accordingly, the attachment material is a key component. 

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• For existing buildings, especially constructions more than 30 yrs old, we recommend that the owner hires a concrete expert to verify the permeability of the walls and openings. The drilling of hurricane window anchors may create micro-cracks allowing water to infiltrate, typically resulting in the incorrect belief that the window is allowing water penetration. To mitigate this risk, we recommend all openings to be treated with DowSill 715 rollable flashing. This WILL NOT be considered in our quotation as this would be a price disadvantage due to our competitors in the industry not considering it. 

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• Once installed, even if it’s not completed, our fenestrations may not be touched or impacted in any manner directly or indirectly by the owner, contractor or especially other trades. These products are hurricane sealed and these seals are vulnerable to inexpert handling or tampering with. Once impacted by a third party, the fenestration will lose its warranty. 

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• The structural sealant and elastomerics used in these products is vulnerable to acidity. Therefore, they must not be pressure washed or cleaned with any unapproved chemicals. Contact us for the list of approved cleaning products. Cement water, usually present due to other trades working around, is acidic and will damage the window seal. 

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• Glazing contractors or any other third parties installing our product must follow our installation instructions and hire our inspection services in order to keep the product's warranty. Installations uninspected by us will not keep any valid warranty. 

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• Glazing contractors shall NOT use any elastomeric that was not supplied by AA. For powder coated products glazing contractors must follow the special elastomeric application process to ensure proper adherence. Refer to our installation instructions. 

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• No door will be installed until the finished floor has been completed.

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