Purchase Agreement

This Purchase Agreement (“Agreement”) is a binding contract between you (“Purchaser”) and RWD Innovative Specialty Trims LLC (“RWD”).  It governs the terms and conditions of your purchase of products and services (if any) from RWD.  BY SELECTING THE “ACCEPT” BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,  WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY PROVISIONS, SELECTION OF LAW PROVISIONS, AND ARBITRATION PROVISIONS.  AMONG OTHER THINGS, YOU AGREE TO ARBITRATE ANY DISPUTES AND THEREBY AGREE TO WAIVE YOUR ACCESS TO COURT.  IF YOU ARE ACTING ON BEHALF OF A COMPANY, LEGAL ENTITY, OR ORGANIZATION, THEN BY CLICKING ON THE “ACCEPT” BOX YOU FURTHER REPRESENT AND WARRANT THAT YOU: (1) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, AND (2) AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF THAT ENTITY. 

To have a physical copy of this Agreement and proof of your acceptance thereof sent to you, please contact us at www.rwdtrim.com or 198 Pafford, Lamont FL 32366. We will provide an electronic or physical copy as you request.  This will be provided at no cost to you. 

            WHEREAS, PURCHASER has elected to purchase products from RWD and RWD has agreed to sell such products to PURCHASER;

            NOW THEREFORE, PURCHASER and RWD hereby agree to the following terms and conditions:

            1.0      Warranty Provisions. RWD warrants to PURCHASER that the RWD products purchased will be free of manufacturing and/or material defects. The warranty will remain in effect for the lifetime of the product under normal and proper use and service, subject to the conditions and limitations herein listed, and as long as the resident at the time of installation resides in the home in which the product was installed. When installed in a multi-family, commercial or rental property the warranty is limited to 10 years.

                        1.1      Vinyl/Adhesive.  The vinyl and adhesive components of the RWD, LLC trim products are warranted against defects such as peeling, flaking, chipping, degrading, blistering and corrosion.  This warranty does not apply to any product where the finish surface has been painted, stained, or cleaned with any product other than what is recommended in the published RWD installation instructions.  Further, this warranty does not apply to any product where (1) the product is not installed within 3 years from the date of purchase, or (2) prior to installation the product is stored in an area with temperatures exceeding 100 degrees Fahrenheit. 

                        1.2      Caulking Required. All window and door installations require caulking to be used to seal and permanently bond the extender trim. Caulking is required by the installer.  The proper maintenance and replacement of the caulking is a normal maintenance responsibility of the homeowner.  RWD will not be responsible for any trim failure due to improper caulking and sealing of any window or door, or from the absence of caulking.  Further, RWD will not be responsible for any trim failure due to the failure to maintain the sealing or caulking. 

                        1.3      Warranty Claim Process. In the event of a warranty claim, PURCHASER must promptly notify RWD in writing. The window installing company that installed the product in question will also be required to submit a sample of the defective product along with a detailed explanation of the installation –  including the date, installing company’s name and telephone number, homeowner’s name, address and telephone number. Upon receiving this information, a complete analysis and investigation of the claim will be made. RWD adheres to the AAMA specifications and guidelines in the design and production of its PVC trims. RWD also uses the AAMA definitions of failure as its determination of product failure.

                        1.4      Remedy of Replacement Materials. RWD, upon the confirmation of a warranted manufacturing defect,  will supply replacement material at no charge to PURCHASER. This is the sole remedy and this warranty will not cover any labor costs or any other cost incurred for replacing the trim or anything else.  The warranty statements contained herein set forth the entire warranty offered by RWD under this AGREEMENT or any other agreement.  No other warranties are provided. RWD HEREBY EXPLICITLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

            2.0      Additional Disclaimer.  It is not possible for RWD to anticipate all the possible installation decisions that are made by Purchaser or another party acting on Purchaser’s behalf.  Accordingly, Purchaser agrees that Purchaser is solely responsible for the decisions regarding how to use the products purchased from RWD. 

            3.0      Limitation on Damages.  IN NO EVENT WILL RWD, ITS SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR SUBSIDIARIES, BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING LOST PROFITS), WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT ANY PARTICULAR PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE.  FURTHER, IN NO EVENT WILL RWD’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS WARRANTY (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT PURCHASED.

            4.0      Applicable Law. RWD is a Florida limited liability company.  Accordingly, this Agreement shall be construed according to the provisions of Florida law. 

            5.0      Dispute Resolution.  ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS RECITED THEREIN SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  THE FINAL HEARING IN THE ARBITRATION WIL BE CONDUCTED IN TALLAHASSEE, FLORIDA – UNLESS BOTH PARTIES AGREE OTHERWISE.   THIS CLAUSE WAIVES THE RIGHT OF EACH PARTY TO APPEAR IN COURT AND WAIVES THE RIGHT TO A JURY TRIAL. 

                        5.1      Court Actions Related to Arbitration.  Venue for any court action to compel arbitration, enforce an arbitration award, or that is otherwise related to arbitration shall lie exclusively in the state and federal courts of Jefferson County, Florida. 

                        5.2      Fees and Costs of Arbitration.  Each Party shall bear its own fees and costs (including attorney fees) and there will be no award of any fee or cost to a prevailing party. 

            6.0      Entire Agreement.  This Agreement is the entire agreement between the Parties pertaining to the purchase of products by Purchaser from RWD, and supersedes any and all prior agreements.  No amendment or modification to this Agreement shall be enforceable unless it is in a writing signed by both Parties.