Westport Glass, Inc. Terms & Conditions

1. Warranty: Westport Glass, Inc. (Westport Glass) warrants that its work will be free from defects caused by faulty workmanship for a period of twelve (12) months after substantial completion of work. A warranty claim must be presented in writing to Westport Glass within 12 months after substantial completion of the work, or the claim shall be waived. This claim

can be submitted via mail by sending a letter to Westport Glass, 625 Southwest Boulevard, Kansas City, Kansas, 66103, or by electronic mail (e-mail) to info@westportglass.com. This Warranty will not apply if, after inspection by Westport Glass, it is determined that the item has been installed or maintained in a manner that is not in conformity with the instructions

and guidelines set forth by Westport Glass for proper installation and maintenance.

2. Terms of Payment: Unless otherwise agreed to in writing by Westport Glass, payments are due and payable by Customer as follows: an initial, non-refundable payment of 50% of invoice total upon Customer’s acceptance of Westport Glass’s quote and the remaining balance is due within thirty (30) calendar days from the date of Westport Glass’s invoice. Customer agrees to pay a “late payment” charge of one and one-half percent (1.5%) per month or the maximum legal interest rate, whichever is less, on all past due amounts owed. Westport Glass releases all orders for fabrication/production upon Customer’s payment of the initial amount due. Such amount is non-refundable in all circumstances. If an order is cancelled or modified after the initial payment, the initial payment is nonrefundable although Westport Glass will not charge Customer the remaining balance due on the order. If the order is modified after the initial payment, Customer will be at risk of losing some or all of the deposit amount in Westport Glass’s sole discretion based upon the magnitude of modifications.

3. Customer Responsibilities: If Westport Glass’s work is interrupted due to circumstances caused or allowed by Customer and of which Westport Glass was not apprised prior to starting the work, Westport Glass shall be entitled to additional compensation and time to complete its work.

4. Pre-existing Conditions: Westport Glass is not responsible for liability, loss or expense where the primary cause of the claim or damage is pre-existing conditions, including faulty, inadequate or defective design, construction, maintenance or repair of property or contamination of the subsurface where the condition existed prior to the start of the Westport Glass’s work.

5. Environmental Conditions: The Customer will be responsible for any additional costs or claims associated with the treatment, storage, disposal of the removed debris, at any time during or after the completion of the work.

6. Indemnification: The Customer and Westport Glass will each indemnify the other in proportion to relative fault for liability, loss and expense incurred by the other party resulting from a negligent act or omission in performance of work under this Agreement. The Customer will also indemnify Westport Glass for liability, loss and expense resulting from its services if Westport Glass is acting at the direction or instruction of the Customer, or where the primary cause of any damages is due to information provided by the Customer. Where the Customer provides labor for Westport Glass, the Customer will indemnify Westport Glass for liability, loss or expense for work-related injuries to those laborers not provided by Westport Glass, and Customer shall be solely responsible for providing Workers’ Compensation insurance for such laborers.

7. Entire Agreement: This proposal together with any written documents which may be incorporated by specific references herein, constitutes the entire agreement between the parties and supersedes all previous communications between them, either oral or written. The waiver by Westport Glass of any term, condition or provision herein stated shall not be construed to be a waiver of any other term, condition or provision hereof.

8. Performance Dates: The performance schedule, if stated in the proposal, is approximate and is not guaranteed by Westport Glass. Westport Glass shall not be liable for delays in delivery, fabrication or installation when such delays result from acts of government, acts of God, adverse weather, war, riot, labor disputes, civil insurrection, pandemic, epidemic, or any other causes beyond Westport Glass’s reasonable control, and the date of performance shall be adjusted for any such delays. Further, Westport Glass shall not be responsible for delays in the project caused by the failure of material/equipment suppliers to deliver material, equipment or services in the time and manner agreed upon or in the time and manner anticipated.

9. Scope Limitations: Any material, equipment, structure or service item that is not explicitly a part of this Contract is specifically excluded from Westport Glass’s Work. Any item which is not specifically made a responsibility of Westport Glass in this agreement is specifically excluded.

10. Glass Inspection: Every piece of glass contains various types of flaws or blemishes, which could be visible to the naked eye. Glass industry standards are set by ASTM International (formerly the American Society for Testing and Materials). ASTM guidelines recommend glass inspection from a distance of 10 feet, facing the glass at 90-degrees, viewed in daylight (but not sunlight), in the central 80% portion of the glass. If a defect is not visible using the inspection methodology of ASTM, then Westport Glass shall not be responsible for replacement. The replacement of any glass due to normal blemishes will be

based solely at the discretion of Westport Glass and based on using industry standard tolerance levels. Warping of glass is common and may occur during the tempering process. Westport Glass will ensure that any warping is within accepted tempering association’s guidelines. Specifications are available upon request from Customer.

11. Glass Installation: All shower glass installation requires Westport Glass to drill into shower surface (tile, marble, Onyx, Quartz, etc.). Westport Glass is not responsible for any surface that may crack resulting from normal drilling. Any repair to the surface damage is to be corrected by the Customer at his/her sole expense. Westport Glass assumes no responsibility due to unforeseen conditions such as drilling into pipes that are behind walls, or in heated floors that are not properly documented.

12. Removal of Existing Glass: Customer shall remove all existing glass prior to Westport Glass commencing work. In the event Customer fails to remove existing glass prior to Westport Glass’s commencement of work, Westport Glass may remove at its sole option. In no event shall Westport Glass be responsible for damage to walls, tiles, furniture, flooring, or other fixtures or finishes resulting in the removal of glass items from the property.

13. Miscellaneous: Hard coat finishes on hardware may vary due to materials used. Hardware finishes may vary based on supplier batches or have a different shade due to the use of different substrates or materials used per application. This is to be expected and not covered under warranty. Every piece of tempered glass must have a permanent stamp or logo to signify that it is tempered glass. Westport Glass does not guarantee the location of the logo other than it will be located in the corner of glass.

14. Limitation of Liability: In no event shall Westport Glass be liable for any indirect, special or consequential loss or damage arising out of any work performed for Customer, including, but not limited to, loss of use, loss of profit, business interruption, interest, loss by reason of shutdown or non-operation of the Customer’s facilities, increased expenses of operation of

the Project, the facility or other facilities, or special consequential loss or damage, arising from any cause whatsoever, including without limitation, fire. To the fullest extent permitted by law, the total liability, in the aggregate, of Westport Glass to Customer or anyone claiming by or through Customer, for any and all liabilities, claims, losses, expenses, or damages

whatsoever arising out of or in any way related to Westport Glass’s services, the Project, or the Proposal, from any cause or causes whatsoever, including without limitation, negligence, strict liability, indemnity, warranty, or breach of contract, shall not exceed the Contract Amount.

15. Attorney’s Fees: The prevailing party in any dispute between Westport Glass and Customer shall be entitled to receive attorneys’ fees, court costs and other legal fees from the non-prevailing party. Customer shall be responsible for all of Westport Glass’s attorneys’ fees and costs of collection due to Customer’s failure to timely pay Westport Glass.

16. Returned Check Fee: In the event a check is returned unpaid by Customer’s financial institution for any reason, including but not limited to insufficient funds, a closed account, or a stop payment, a returned check fee of $35.00 will be applied and added to Customer’s invoice for each occurrence.

NOTICE TO OWNER:

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT, YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

NOTICE TO KANSAS OWNERS:

If you pay the contractor for work or equipment, material or supplies delivered without having received from the contractor a waiver of lien by all subcontractors, or other evidence of payment to all subcontractors, a lien may be field against your property by a subcontractor. You may request from the contractor a list of all subcontractors. If you received notice of the filling of a lien statement by a subcontractor, you may withhold from your contractor the amount claimed in the subcontractors’ statement pending resolution of the dispute.