Question Regarding Window Contract

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kciwood
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Question Regarding Window Contract

#1 Post by kciwood » Tue May 22, 2012 9:17 am

I've had a reputable window company give me a bid for Soft-Lite Imperial LS windows. They said install would be about 3 to 5 weeks. I told them I was ready to sign on the dotted line, but wanted them to put the 3 to 5 weeks install words into the contract. They refused. I then asked the put in a ending date to the contract that we both could agree to even if that was 5 months down the road. They refused. That caused a red flag for me and now I have a choice of talking to my lawyer about how long this company could string me along with this contract or simply turn it down.

I have one other retailer of these windows in my area, but he is back logged and can't install until at least 8 or more weeks. His prices are about the same.

I called the factory rep. for Soft-Lite in my area and told him what I was encountering and he said those are the only two retailers in the area. He apologized and I told him it looked like I wasn't going to be able to purchase his product and he didn't seem to mind.

Would appreciate some feedback and suggestions. Thank You in advance for your time and effort.

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Windows on Washington
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Re: Question Regarding Window Contract

#2 Post by Windows on Washington » Tue May 22, 2012 9:29 am

8 week lead time is not out of the realm of possibilities.

Not saying that you can get it done in 5 months is out of the question though.

Where are you located? This will dictate what products are in your area.

If you like the Imperial LS, Sunrise, HiMark, and Okna all make products of comparable quality.

kciwood
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Re: Question Regarding Window Contract

#3 Post by kciwood » Tue May 22, 2012 9:45 am

I'm in the Kansas City area. One of the retailers has said he would be glad to put a ending date on the contract that we both agree to. My concern comes from buying siding decades ago and the retailer tried to hold me to a contract that was 7 months old. I had to pay for a lawyer to get the contract ended because the retailer wanted to keep stringing me along. Yes I intend to look at other window manufacture's and thanks for your quick and useful response.

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Window4U (IL)
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Re: Question Regarding Window Contract

#4 Post by Window4U (IL) » Tue May 22, 2012 11:32 am

kciwood wrote:I'm in the Kansas City area. One of the retailers has said he would be glad to put a ending date on the contract that we both agree to. My concern comes from buying siding decades ago and the retailer tried to hold me to a contract that was 7 months old. I had to pay for a lawyer to get the contract ended because the retailer wanted to keep stringing me along. Yes I intend to look at other window manufacture's and thanks for your quick and useful response.
I see something close to this in many contracts:
We are not liable for delays in obtaining goods from suppliers due to strikes, weather conditions, or other causes beyond our control. Because of this, we can only provide a general time estimate, usually between 3 and 6 weeks.

The window dealer is not wanting to have to buy custom window for your home and then have to eat them due to delays beyond his control. Who could blame him for that? Unfortunately he's not communicating his reasons to you very well nor is he writing language into the contract that would satisfy you both. He should be doing what it takes to make this work.

kciwood
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Re: Question Regarding Window Contract

#5 Post by kciwood » Tue May 22, 2012 12:51 pm

To bring this to a summary, the retailer of the windows who I was talking about has agreed to put their statement about estimating the install to be 3 to 5 weeks off. That has resulted in my word to sign their contract which they have sent me a copy of. My issue from the beginning was that any commitment I make verbally I will put into writing. If I did have a problem with the contract down the road I would have what is said in writing, rather than one persons word against another. I'm a reasonable person and would only be concerned it this contract wasn't completed 4 or more months down the road. I was in business decades ago, and my word is my bond and I'd put that to writing anytime.

Thanks Again to those who took the time to respond.

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Window4U (IL)
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Re: Question Regarding Window Contract

#6 Post by Window4U (IL) » Tue May 22, 2012 1:33 pm

Great news! I'm glad you worked it out to a mutual understanding. Enjoy your windows!

TheWindowNerd
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Re: Question Regarding Window Contract

#7 Post by TheWindowNerd » Tue May 22, 2012 4:08 pm

In PA we are required by the AG to put a estimate start and completion date in our contracts. My "legal stuff" page has the 3 day right to rescind and also staes ~start of 3 weeks with completion in 1 year.
We actually schedule the install as soon as we recieve the mfg confirmation, normally 5 to 6 weeks from order and duration depends on size of job, average is 3 days.
The legal stuff has to be pressent when we sign the contract or it violates the AGs contract standards. CYA
wayne thewindownerd

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HomeSealed
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Re: Question Regarding Window Contract

#8 Post by HomeSealed » Tue May 22, 2012 5:34 pm

In WI, we have mandatory clauses as well regarding the date limitations.

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Windows on Washington
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Re: Question Regarding Window Contract

#9 Post by Windows on Washington » Tue May 22, 2012 10:15 pm

Congrats and good luck with the project.

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