GRIZZLY DIFFERENCE WINDOWS AND DOORS WARRANTY:

TERMS & CONDITIONS:

ARTICLE 1 - SCOPE OF WORK. Grizzly Difference Windows and Doors (“Seller”) shall provide and/or install the products

and accessories and provide the services described above on the premises of the Buyer(s) identified as the Project/De-

livery Address (the “Project”).

Seller shall:

· In many circumstances, have an installer verify measurements and site conditions (an "Order Verification") to ensure

your project goes as smoothly as possible. Should the installer become aware of any changes needed to account for

visible conditions that would make the installation difficult, inefficient, or otherwise compromise the performance or

look of the products, this contract would become void. A revised contract will be presented to the Buyer for their

approval.

· Deliver and unload products purchased

· In the performance of "scope of work", create noise and dust, but will work to minimize this as much as possible

· Place drop cloths on work area flooring

· Remove interior and exterior trim

· Provide all equipment and materials necessary to install new products

· Install all products

· Insulate and caulk around products

· Clean up and remove all old products from premises upon completion, except those items containing hazardous

materials.

· Remove all stickers from products installed

· Construction clean" all interior and exterior glass surfaces

· Place a Seller sign in the yard during the performance of the work.

Buyer(s) shall:

· Make required payments

· Be responsible for obtaining any approval of the Project required by any homeowners’ association or architectural

committee.

· Secure and pay for building permits if needed

· Provide reasonable access to the property including

1) cutting back or tying trees, bushes, and shrubs two feet from

the exterior wall,
2) arranging to have the alarm system disconnected and reinstalled,
3) providing site electricity,

4) providing reasonable access to a restroom for the installers,
5) removing and replacing air conditioning units,

decorations, and collectibles
6) removing and repositioning furniture in work area (approximately 6 feet);
7) securing the site from interference by pets and
8) having any plumbing and/or electrical repairs or changes made prior to install

date.

· Paint or stain product except to the extent factory-finished products are selected or Seller finishing is selected

· Fill nail holes of unfinished products

· Replace/repair wallpaper (if applicable)

· Repaint interior and/or exterior walls (if applicable, based on the installation method used) or perform touch-up

painting

· Repair any deteriorated wall areas, including, but not limited to, drywall, plaster, stucco, etc., unless expressly required

of Seller under this contract

· Repair any structural deficiencies that prohibit safe, efficient, and proper installation, including, but not limited to, any

structural deficiencies discovered after the removal of original windows or doors (i.e. wood rot, termite damage, etc.)

· Remove and reinstall blinds, draperies, shutters, awnings, or other window treatments. If not removed prior

to the arrival of the installation crew, the customer will incur a charge of $37 per opening for blinds, awnings,

and other window treatments, $148 per opening for shutters, and $148 per room (up to 6 pieces, excludes beds,

pianos, antiques, precious valuables, entertainment centers, home office work stations or other electronics).

This charge will be immediately payable via check or credit card before installation may begin. While installers

will take great care with your belongings, they are not professional movers and cannot be held responsible for damages

incurred from moving/removing items. Many window treatments become brittle over time due to heat and exposure

to the sun. These items have a high probability of incurring some damage while being removed/reinstalled.

· Reinstall interior and exterior trim, unless expressly required of Seller under this Contract

All work is to be performed within normal working hours of 7:00 a.m. to 5:00 pm Monday-Friday unless other arrangements are made.
Depending on the Buyer(s)’ product choice and the required installation method, the Seller cannot

guarantee that the newly installed product will line up with the original paint line or wallpaper, and the new product

may result in less visible glass area than that of the original product. Final sizes may vary to ensure proper fit and to

meet installation specifications.

ARTICLE 2 - PRICE AND PAYMENT TERMS. Buyer(s) agrees to pay Seller the amount set forth in this Contract (the

“Contract Price”) and any sums due in addition for taxes or other charges expressly allowed under the Contract. The

Contract Price does not include any taxes, including sales, consumer, use, and similar taxes. Taxes shall be added to the

Contract Price. Buyer(s) shall deposit (the “Deposit”) with Seller immediately upon execution of this Contract the amount

set forth on this Contract. If installation services are included and deferred at Buyer(s)’ request beyond 7 days of the

scheduled date set forth in this Contract, the Contract Price shall be subject to a 2% of Contract Price or $25 a month

warehousing charge, whichever is greater. The Buyer(s) shall pay the remainder of the Contract Price immediately upon

substantial completion of the services provided under this Contract. If the Buyer(s) fails to pay all amounts when due,

the Buyer(s) agrees to pay a finance charge on the unpaid balance at the lesser of 1% per month or the maximum rate

allowed by state and local law upon the earliest date allowed by state and local law. If the Buyer(s) fails to pay any amount

due under this Contract, the Buyer(s) agrees to pay reasonable attorneys’ fees and collection costs and expenses that

the Seller incurs in enforcing its rights to payment under this Contract. Buyer(s) agrees that if paying by credit card that

authorization is granted to the seller to debit the buyer's credit card by signing this contract. Seller hereby gives notice

of its lien rights as a provider of goods and services to the improvement of Buyer(s)’ real property and of its intention to

assert those rights in the event Buyer(s) fail to make payment for the goods and services furnished as required by this

Contract.

ARTICLE 3 - CANCELLATION. BUYER(S) MAY CANCEL THIS CONTRACT BY GIVING SELLER WRITTEN NOTICE TO SELLER

PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS CONTRACT. If the Buyer(s) cancels the

Contract after the third business day, the Buyer(s) forfeits the entire Deposit.

Furthermore, if this Contract provides for a product specially made or the product has been delivered to the job site,

the Buyer(s) agrees to pay the entire Contract Price and taxes attributable to the products as liquidated damages. In

such an event, the Buyer(s) will be entitled to keep the products.

ARTICLE 4 - CHANGES. Any notice or instruction from Buyer(s) received after execution of this Contract, which has the

effect of changing the terms or scope of this Contract will be effective only upon an appropriate adjustment in the price

and/or delivery date, and acceptance of the change by Seller in writing. Deletion of specific Goods shall be subject to

the terms of the Cancellation provision of these Terms and Conditions.

ARTICLE 5 - ACCEPTANCE OF WORK. All work performed and materials supplied under this Contract shall be deemed

in full compliance unless Seller is notified by Buyer(s) in writing to the contrary within five (5) days following substantial

completion of installation.

ARTICLE 6 - TIME FOR COMPLETION. The work described under the terms of this Contract shall begin on or about the

date indicated. Seller shall provide Buyer(s) with at least seventy-two (72) hours' notice of the commencement of work

on the Project. Seller shall make reasonable effort to complete the Project in a timely manner but there is no guarantee

that shipment and installation will occur on the proposed date. Seller, installer, and manufacturer shall not be liable for

any direct, indirect, or consequential damage or loss caused by delay in shipment or delay in installation for any reason.

ARTICLE 7 - PROBLEMATIC SITE CONDITIONS. If Seller is aware of conditions that make installation difficult, inefficient, or

otherwise compromise the performance of the Products, including such conditions as water infiltration, mold, damaged

or rotted framing or structural members, termites, wiring, or plumbing that must be moved, construction defects,

lead paint, or asbestos, Seller shall have no obligation under this agreement to repair such conditions, but Seller may

notify Buyer(s) of such conditions and the Contract Price shall be amended for any cost increases resulting from such

conditions. If, in Seller’s opinion, site conditions render performance hazardous or impracticable, it shall so notify

Buyer(s) and the Contract may be terminated pursuant to Article 8 of this Contract. Seller may become aware of such

conditions but is not responsible for discovering such conditions, determining the extent of such conditions, repairing

such conditions, or notifying Buyer(s) of such conditions.

ARTICLE 8 - SELLER’S TERMINATION. Seller, in its sole discretion, may terminate this Contract if the work is stopped for

a period of thirty (30) consecutive days through no fault of Seller; or for conditions described in Article 7 above or if

Buyer(s) defaults on any of its obligations contained in this Contract and does not cure said defaults within a reasonable

period of time. In the event of such termination, Seller is entitled to recover from Buyer(s) such remedies as set forth

under the cancellation provision (Article 3) contained in this Contract and any sums owed under the Contract, including

the recovery of reasonable attorneys’ fees incurred in the exercise of Seller’s rights under this Contract.

ARTICLE 9 - WARRANTY AND LIMITATIONS. Seller warrants the installation services only as set forth in the Seller’s

Installation Limited Warranty and Service Agreement, which is made a part of this Contract. The Seller’s Installation

Limited Warranty and Service Agreement is available from the Seller upon request and may (but need not) be attached

hereto or enclosed herewith. All product warranties for products manufactured. Seller also agrees to service the

products purchased by Buyer(s) for 2 years starting from the date of the expiration of the Installation Limited Warranty

pursuant to the conditions and limitations set forth in the Service Agreement, which is made a part of this Contract.

Manufacturer warrants its products only as set forth in separate product limited warranties, which are made a part

of this Contract. The product-limited warranties for manufacturer warranties can be obtained directly from such

manufacturers. Certain products contain a factory finish. If the products purchased by Buyer(s) contain a factory finish,

this finishing will be warranted as part of Product Warranties. These warranties are available at the manufacturer's site.

Seller’s or manufacturer stain and paint color samples are produced as accurately as possible; however, actual colors

may vary from these samples and from batch to batch. Because wood is a natural product, each window or door will

display its own personality with regard to variation in color, texture, and grain pattern. Natural wood variations include

distinctive grain patterns or unusual shadings and colors. Buyer(s) may have been shown stain and paint samples in

the color of Buyer(s)’ choosing that show some, but not all, of the possible variations that can occur during the finishing

process. Due to the nature of using natural products, the Seller or manufacturers cannot be responsible for the actual

degree of variation that occurs in the Buyer(s)’ window or door purchase. If the Buyer(s) elects finishing by the Seller, the

Seller warrants the finishing only as set forth in the separate 2-Year Finishing Warranty. The 2-Year Finishing Warranty is

available from Seller upon request and may (but need not) be attached hereto or enclosed herewith. Where applicable,

all terms and limitations of the 2-Year Finishing Warranty are made a part of this Contract as if expressly set forth herein.

If finishing is not selected from the Seller or from the factory, the Buyer(s) is responsible for finishing. THERE ARE NO

OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE SELLER OR MANUFACTURER OR ITS SUBSIDIARIES BE

LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THE

PRODUCT OR WORK.

ARTICLE 10 - WAIVER OF SUBROGATION. Buyer(s) waives all rights to recover against Seller any losses covered by

Buyer(s)’ property insurance and waives all rights of subrogation for losses to the extent covered by insurance.

ARTICLE 11 - LIMITATION OF SUITS. Any controversy or claim arising out of, or relating to, the sale and/or installation

of Products must be commenced within one (1) year after the cause of action has accrued.

ARTICLE 12 - SUBCONTRACTORS. Seller may contract with subcontractors to perform some or all of the installation

work. Buyer(s) authorizes Seller to utilize subcontractors for all or any portion of the work.

ARTICLE 13 - DELIVERY. The Buyer(s) agrees that the product can be delivered without the Buyer(s) being present and

agrees to accept the Seller’s shipping documents as proof of delivery. Buyer(s) is responsible for making available an

area at the Project suitable for unloading the goods. Buyer(s) assumes all risk of loss or damage to goods once delivered.

Within 7 -days after delivery, the Buyer(s) agree to provide the Seller notice in writing of any discrepancy between the

product(s) ordered and the product(s) delivered. If the Buyer(s) does not provide notice within the 7-day period, the

Buyer(s) waives any rights of rejection and accepts the product(s) as is.

ARTICLE 14 - RIGHT TO LIEN: Seller reserves any and all rights under applicable law to secure payment of all sums owing

under this Sales Contract, including but not limited to the right to assert a construction lien for any materials furnished

under this Sales Contract against the property. Seller may take any and all such action to secure its right to payment

at any time before or after delivery of the materials furnished to the purchaser. DEFAULTS: If the customer fails to pay

pursuant to the terms of this accepted proposal, the Customer agrees to pay all reasonable attorney fees and costs (of

whatever nature) incurred by the Seller to obtain collection and also agrees that jurisdiction and venue for said legal

action shall be with Maricopa County, Arizona.

ARTICLE 15 - MISCELLANEOUS PROVISIONS. Seller offers this service and products, and Buyer(s) accepts them, subject

to the foregoing conditions of sale and limitations of warranty and liability, which may be modified only by written

contract signed by a duly authorized representative of Seller. This Contract contains the entire understanding of the

parties concerning the subject matter hereof and supersedes all previous understandings relating thereto, whether

oral or written. If any one or more of the provisions of this Contract shall be held to be invalid, illegal, or unenforceable,

the validity, legality, and enforceability of the remaining provisions of the Contract shall not be affected. Buyer(s) may

not assign this Contract, in whole or in part, without prior written consent of Seller. This Contract shall be governed by

and construed in accordance with the laws of the state of Arizona. Buyer(s) also agrees that the jurisdiction and venue

for said legal action shall be in the county where the product is delivered. Buyer(s) waives its right to a trial by jury on

any claim or dispute between the parties.
PRODUCT WARRANTY:

Products are covered by Manufacturers' limited warranties in effect at the time of sale. All applicable product warranties

are incorporated into and become a part of this contract. Please see the manufacturer warranties for complete

details, taking special note of the two important notice sections regarding the installation of the products and proper

management of moisture within the wall system. Neither the manufacturer nor the Seller will be bound by any other

warranty unless specifically set out in this contract. However, Grizzly Difference Windows And Doors will not be liable for

branch warranties which create obligations in addition to or obligations which are inconsistent with the manufacturer's

written warranties.

Clear opening (egress) information does not take into consideration the addition of a Rolscreen [or any other accessory]

to the product. You should consult your local building code to ensure your products meet local egress requirements.

Per the manufacturer’s limited warranty, unfinished wood exterior windows and doors must be finished upon receipt

prior to installing and refinished annually, thereafter. Variations in wood grain, color, texture, or natural characteristics

are not covered under the limited warranty.

Notice of Collection of Personal Information: We may collect your personal information when you interact with us. Under

the California Consumer Privacy Act (CCPA), California residents have specific rights to request this information, request

to delete this information, and opt out of the sharing or sale of this information to third parties.

ARBITRATION AND CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")

YOU and GRIZZLY and its subsidiaries and the Grizzly Branded Distributor AGREE TO ARBITRATE DISPUTES ARISING OUT

OF OR RELATING TO YOUR PRODUCTS (INCLUDES GRIZZLY GOODS AND GRIZZLY SERVICES) AND WAIVE THE RIGHT TO

HAVE A COURT OR JURY DECIDE DISPUTES. YOU WAIVE ALL RIGHTS TO PROCEED AS A MEMBER OR REPRESENTATIVE

OF A CLASS ACTION, INCLUDING CLASS ARBITRATION, REGARDING DISPUTES ARISING OUT OF OR RELATING TO YOUR

PRODUCTS. You may opt out of this Arbitration Agreement by providing notice to Grizzly Difference Windows and

Doors no later than ninety (90) calendar days from the date You purchased or otherwise took ownership of Your

Grizzly Goods. To opt-out, You must send notice by e-mail to [email protected], with the subject line: “Arbitration Opt

Out”. Opting out of the Arbitration Agreement will not affect the coverage provided by any applicable limited warranty

pertaining to Your manufactured Products. For complete information, including the full terms and conditions of this

Arbitration Agreement, which are incorporated herein by reference, please e-mail [email protected], with the subject

line: “Arbitration Details".

Seller shall not be held liable for failure or delay in the performance of its obligations under this Agreement, if such

performance is hindered or delayed by the occurrence of an act or event beyond the Seller’s reasonable control (force

majeure event), including but not limited to earthquakes, unusually severe weather and other Acts of God, fire, strikes

and labor unrest, epidemics, riots, war, civil unrest, and government interventions. Seller shall give timely notice of a

force majeure event and take such reasonable action to mitigate the impacts of such an event.

Product Performance Information:

U-Factor, Solar Heat Gain Coefficient (SHGC), and Visible Light Transmittance (VLT) are certified by the National Fenestration Rating Council (NFRC). Manufacturer stipulates that these ratings conform to applicable NFRC procedures for

determining whole product performance. NFRC ratings are determined for a fixed set of environmental conditions and

a specific product size. NFRC does not recommend any products and does not warrant the suitability of any product for

any specific use.

Design Pressure (DP), Performance Class, and Performance Grade (PG) are certified by a third-party organization, in

many cases the Window and Door Manufacturers Association (WDMA). The certification requires the performance of at

least one product of the product line to be tested in accordance with the applicable performance standards and verified

by an independent party. The certification indicates that the product(s) of the product line passed the applicable tests.

The certification does not apply to mulled and/or product combinations unless noted. Actual product results will vary

and change over the product's life.

The Grizzly Difference Windows and Doors SMS Terms & ConditionsEffective Date: February 1st, 2024

Thank you for opting into The Grizzly Difference Windows and Doors SMS Service. This service is designed to provide you with important updates, appointment reminders, and exclusive offers directly to your mobile device. By participating, you agree to the following terms and conditions:

Program Description:

Our SMS service offers convenient updates related to your window and door installation projects, including appointment reminders, status updates, and occasional promotional messages. These communications are intended to enhance your experience with The Grizzly Difference Windows and Doors, ensuring you're well-informed at every step of your project.

Consent and Unsubscribe:

By opting into our SMS service, you consent to receive text messages from The Grizzly Difference Windows and Doors at the phone number you provided. If at any time you wish to stop receiving these messages, text "STOP" to the shortcode provided in our messages. Upon receipt of your "STOP" request, you will be unsubscribed, and a confirmation message will be sent to you. You will not receive further messages unless you opt back in.

Assistance and Support:

For any questions or need for assistance, please contact us directly at

[email protected]

or call us at 480-510-5709. Our team is here to support you and address any concerns you may have regarding our SMS service or any other aspect of our services.

Carrier Disclaimer:

Please be aware that message delivery is subject to your carrier's network capabilities and may not be guaranteed. The Grizzly Difference Windows and Doors and its SMS service providers are not liable for delayed or undelivered messages.

Message and Data Rates:

Message and data rates may apply for any messages sent to you from us and to us from you. By agreeing to receive our SMS messages, you understand and consent to any charges imposed by your wireless provider. For questions about your text or data plan, please contact your provider directly.

Privacy Policy:

To see our privacy policy, go to: https://bestwindowinstallernearme.com/privacy

We value your trust and are committed to providing a transparent and helpful communication experience. Should you have any questions or feedback about these SMS terms or any other inquiries, please do not hesitate to contact us.

Contact Us:

Email: [email protected]: 480-510-5709Address: 7931 E Pecos Rd Mesa, AZ

Thank you for choosing The Grizzly Difference Windows and Doors.

ROC #346593