TERMS AND CONDITIONS OF SALE AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from E-SKYLIGHT.COM, INC., ("the Company") of the E-SKYLIGHT.COM brand skylights that will be described on the invoice that will be provided to you upon the Company's receipt and acknowledgement of your order for skylights and related products in the United States. By accepting delivery of the products described on that invoice, you agree to be bound by and accept these terms and conditions. The Company may modify the terms of this Agreement by posting notice of such modification on a page of this Site entitled "Legal Notices." Such modification shall take effect upon such posting.

1.	Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and the Company.
2.	Governing Law. This Agreement is entered into in the State of Connecticut and shall be governed by and construed in accordance with the laws of the State of Connecticut, exclusive of choice of law rules.
3.	Payment Terms; Orders; Quotes; Interest. The Company shall determine terms of payment that are within its sole discretion, and unless otherwise agreed to in advance by the Company, the Company must receive payment prior to its acceptance of an order. Payment for products will be made by wire transfer, or some other prearranged payment method unless credit terms have been agreed to in writing by the Company. Orders are not binding upon the Company until accepted by the Company. Any quotations given by the Company will be valid only for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4.	Delivery. Shipment of the goods shall be within six to eight weeks from the Company's acceptance of customer's order, unless Customer's order for specialized products results in additional shipment time, which will communicated to the Customer upon confirmation of the order.
5.	Shipping Charges; Taxes. All costs of freight, transportation, or mailing and all demurrage charges shall be paid by Customer, unless the Company has agreed in writing to make shipments on a prepaid basis. Customer also shall pay for all increased freight rates, whether prepayment for freight rates has been made or not. Buyer shall not reject damaged shipments, but shall accept same and preserve its remedies against the appropriate party. Unless Customer provides the Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to the Company's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated.
6.	Title; Risk of Loss. Title to products passes from the Company to Customer on shipment from the Company's facility. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. The Company will not be liable for any delays in the performance of orders or contracts, or in the delivery or shipment of the goods, or for any damages suffered by Customer by reasons of such delay, when such delay is, directly or indirectly, caused by, or in any manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to nay of these herein before specified) beyond its control.
7.	Cancellation. Once an order is placed and accepted for E-SKYLIGHT.COM brand skylights, it may be cancelled only with the express consent of the Company and upon terms that will indemnify the Company against loss including but not limited to the cost of material procurement or fabrication undertaken. Notwithstanding the foregoing, in no event may any order be cancelled after 5 business days from the Company's acceptance of Customer's order.
8.	Warranties. All E-SKYLIGHT.COM brand products manufactured by the Company are warranted to the original purchaser to be free from significant defects caused by product design, material and/or workmanship for a period of five (5) years from date of shipment from the manufacturer. Materials are warranted to meet design specifications provided defects are not the result of vandalism, accident, improper installation, abuse, normal wear and tear or force majeure, which exceeds design specifications. Glass is warranted against defective materials, delamination, seal failure and defects in manufacturing according to the glass manufacturer's standard warranty. Glass breakage is not warranted. Glass installation is warranted on factory assembled and glazed units only. On site glass installation is the responsibility of the purchaser and is therefore not covered under this warranty. Finishes are warranted against peel, check, crack or flake according to the finishing company's standard warranty. This warranty is limited either to the repair or the replacement of the defective work. All repairs or replacements provided herein are at the discretion of the Company and represent the sole remedy to the purchaser hereunder. The warranty shall be considered null and void if any repairs or alterations are performed without written consent of the Company.
9.	LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING INCIDENTAL LABOR OR OTHER COSTS, AND THE CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO CONSEQUENTIAL DAMAGES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ORDER OR ITS PRODUCTS EXCEPT AS EXPRESSLY CONTAINED HEREIN. NO ONE IS AUTHORIZED TO MAKE ANY DIFFERENT OR ADDITIONAL REPRESENTATIONS OR WARRANTIES. THE COMPANY'S SKYLIGHTS ARE PRE-ENGINEERED TO THE DESIGN LOADS SPECIFIED IN THE PRODUCT SPECIFICATIONS AND PRODUCT DRAWINGS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM CUSTOMER'S FAILURE TO DETERMINE WHETHER THOSE DESIGN LOADS MEET THE REQUIREMENTS OF CUSTOMER'S PROJECT OR ANY APPLICABLE LOCAL BUILDING CODES OR REGULATIONS.
10.	Miscellaneous. Each party to this Agreement submits to the exclusive jurisdiction of the courts for the County of New Haven in the State of Connecticut and waives any jurisdictional, venue, or inconvenient forum objection to such courts. In any action to enforce this Agreement, E-SKYLIGHT.COM, INC., will be entitled to costs and attorney's fees. In the event that a court or other tribunal holds any of the provisions of this Agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that his Agreement shall otherwise remain in full force and effect.