Glass Products, Fabrication, Supply, Delivery, Installation & Related Services
These Master Terms & Conditions (“Terms”) govern the sale, fabrication, manufacture, supply, delivery, installation, design assistance, field measurement, removal, and related services (“Services”) provided by The Original Frameless Shower Door, LLC, including its divisions, affiliates, employees, installers, subcontractors, and suppliers (“Company”), to the customer identified on the applicable proposal, estimate, purchase order, invoice, contract, or other order document (“Customer”).
By signing a proposal, approving an order, making payment, authorizing fabrication, accepting delivery, or permitting Company to commence Services, Customer acknowledges and agrees to these Terms.
1. CONTRACT DOCUMENTS
The agreement between Company and Customer (“Agreement”) consists of:
- The applicable proposal, quotation, estimate, purchase order, or signed contract.
- These Master Terms & Conditions.
- The applicable Service Schedule.
- Any applicable product-, project-, or trade-specific addendum.
- Written change orders signed or otherwise approved by Customer and Company.
If there is a conflict between documents, the more specific project document controls only with respect to the specific subject addressed in that document. These Master Terms remain applicable to all matters not specifically modified in writing.
Verbal statements, representations, field discussions, text messages, emails, drawings, photographs, or informal communications do not modify the Agreement unless Company expressly confirms the modification in writing.
2. CUSTOMER RESPONSIBILITY
Customer represents that Customer:
- Is the owner or authorized representative of the property or project.
- Has authority to enter into the Agreement.
- Has authority to approve fabrication, changes, and installation.
- Will provide Company with accurate information reasonably necessary to perform the Services.
- Will provide reasonable access to the project.
- Will disclose known site conditions that may affect the Services.
If Customer is not the property owner, Customer represents that Customer has obtained all required authorization from the owner.
3. SCOPE OF WORK
Company’s obligations are limited to the specific scope described in the applicable proposal or contract.
Unless expressly included in writing, Services do not include:
- Structural engineering.
- Architectural or engineering design.
- Permitting.
- Electrical, plumbing, HVAC, framing, drywall, painting, masonry, tile, stone, waterproofing, or other work by unrelated trades.
- Correction of defective or inadequate substrates.
- Repair of concealed conditions.
- Moving or protecting personal property.
- Relocation of utilities.
- Structural reinforcement.
- Repairs to existing construction.
- Work required because of conditions not reasonably visible or disclosed at the time of measurement.
- Work outside the Company’s described scope.
Anything not expressly included should be considered excluded.
4. CUSTOM-MADE PRODUCTS
Many Company products are custom fabricated specifically for Customer’s project.
Custom products may include, without limitation:
- Shower doors and enclosures.
- Fixed glass panels.
- Mirrors.
- Glass partitions.
- Office glass.
- Interior glass railings.
- Exterior glass railings.
- Guardrails.
- Custom glass panels.
- Specialty glass.
- Custom hardware assemblies.
- Other fabricated glass products.
Once fabrication has begun, cancellation, resizing, redesign, color/finish changes, or substitution may result in additional charges.
Customer acknowledges that custom-fabricated products generally cannot be returned for a refund merely because Customer changes their mind or because the product no longer suits a subsequently changed project condition.
5. CUSTOMER APPROVAL / RELEASE TO FABRICATE
Customer is responsible for carefully reviewing and approving all applicable:
- Dimensions.
- Drawings.
- Layouts.
- Glass type.
- Glass thickness.
- Glass color.
- Hardware.
- Hardware finish.
- Door swing.
- Door location.
- Panel configuration.
- Mounting locations.
- Design details.
- Other specifications.
Customer’s written, electronic, digital, verbal, or other authorized approval constitutes authorization to proceed with fabrication.
Once Customer has approved fabrication, Company may immediately begin procurement and production.
Changes requested after approval may result in:
- Change-order charges.
- Re-measurement charges.
- Restocking charges.
- Material charges.
- Additional labor.
- Re-fabrication charges.
- Additional delivery charges.
- Installation delays.
6. MEASUREMENTS
Where Company provides field measurement services, measurements are taken based upon reasonably observable conditions existing at the time of measurement.
Field measurements do not constitute a structural inspection or guarantee that the existing construction is properly built, level, plumb, square, waterproofed, reinforced, or suitable for the intended installation.
Where Customer provides dimensions, Customer assumes responsibility for their accuracy unless Company expressly agrees in writing to verify those dimensions.
7. MANUFACTURING TOLERANCES
Glass is a manufactured material and is subject to reasonable manufacturing and dimensional tolerances.
Unless otherwise stated in the applicable proposal or specifications, minor dimensional variations are not considered defects if they fall within customary manufacturing tolerances.
For certain fabricated glass products, cutting tolerances may be approximately ±1/8 inch, depending upon the product, glass type, fabrication process, and application.
Minor variations in dimensions, edges, holes, corners, alignment, and related fabrication characteristics do not automatically constitute a defective product.
8. GLASS CHARACTERISTICS
Glass is a manufactured material and may contain characteristics that are inherent to the manufacturing process.
These may include, depending on the glass:
- Minor visual distortions.
- Tempering characteristics.
- Roller-wave or optical distortion.
- Minor surface characteristics.
- Edge characteristics.
- Slight variations in color or appearance.
- Natural variations associated with coated, laminated, patterned, low-iron, or specialty glass.
Glass should be inspected before installation whenever reasonably possible.
Customer’s acceptance of the glass constitutes acceptance of reasonable manufacturing characteristics that are visible or reasonably discoverable before installation.
9. TEMPERED GLASS
Tempered glass is manufactured to improve safety characteristics but remains susceptible to breakage from impact, edge damage, improper handling, installation stress, building movement, or other conditions.
Tempered glass cannot ordinarily be cut, drilled, or modified after tempering.
Customer understands that once tempered glass is damaged beyond acceptable limits, replacement may require fabrication of a new custom panel.
10. HARDWARE AND FINISHES
Hardware finishes may vary slightly due to:
- Manufacturing batches.
- Lighting.
- Viewing angle.
- Natural material variation.
- Plating/coating processes.
- Manufacturer tolerances.
Unless specifically guaranteed in writing, Company does not guarantee that hardware purchased at different times will have identical finishes.
Finish warranties are subject to the manufacturer’s warranty, care requirements, and environmental limitations.
11. EXISTING CONDITIONS
Company’s pricing assumes reasonably suitable existing conditions.
Existing conditions may include:
- Walls.
- Floors.
- Curbs.
- Thresholds.
- Tile.
- Stone.
- Concrete.
- Framing.
- Wood.
- Metal.
- Drywall.
- Waterproofing.
- Structural supports.
- Existing glass.
- Existing hardware.
Company is not responsible for deficiencies in existing construction unless Company expressly agrees in writing to correct them.
12. CONCEALED CONDITIONS
Company is not responsible for concealed conditions that could not reasonably be identified during ordinary inspection.
Examples include:
- Hidden plumbing.
- Electrical wiring.
- Structural deficiencies.
- Hidden framing.
- Voids.
- Improper waterproofing.
- Inadequate blocking.
- Deteriorated substrates.
- Hidden damage.
- Unforeseen construction conditions.
If concealed conditions prevent or materially interfere with the Services, Company may suspend work and issue a change order for additional work, labor, materials, delay, or related costs.
13. DRILLING AND ATTACHMENT
Installation may require drilling, fastening, anchoring, or otherwise attaching products to existing surfaces.
Customer acknowledges that drilling into tile, stone, glass, concrete, masonry, drywall, wood, metal, or other substrates carries inherent risks.
Company is not responsible for damage caused by concealed conditions, defective materials, improperly installed substrates, hidden utilities, inadequate reinforcement, or pre-existing weaknesses.
Customer is responsible for notifying Company of known utilities, post-tension cables, concealed plumbing, electrical systems, structural components, or other hidden conditions.
14. EXISTING PRODUCT REMOVAL
Removal of existing shower doors, glass, mirrors, railings, partitions, or other products is included only if specifically stated in the proposal.
Unless expressly included, Customer is responsible for removal and disposal.
Where removal is included, Company is not responsible for damage to:
- Tile.
- Stone.
- Drywall.
- Paint.
- Flooring.
- Waterproofing.
- Substrates.
unless specifically caused by Company’s negligent acts or omissions.
15. ACCESS TO PROPERTY
Customer shall provide safe and reasonable access to the project.
Customer shall provide:
- Parking or reasonable loading access.
- Access to the work area.
- Electricity and water when reasonably required.
- A safe working environment.
- Removal or protection of personal property.
- Access during scheduled installation times.
If Company cannot reasonably access the work area, additional charges may apply.
16. DELIVERY
Delivery terms are governed by the applicable proposal.
Unless otherwise stated, delivery does not include moving products through the entire property, carrying products upstairs, placing products in a specific room, or positioning products for installation.
For curbside or designated delivery, Customer is responsible for receiving, unloading, inspecting, and safely storing the products unless Company has expressly agreed to perform those functions.
17. SHIPPING AND DELIVERY DAMAGE
Customer must inspect delivered products promptly.
Visible damage should be documented immediately with photographs and reported to Company within the period stated in the proposal or delivery documentation.
Failure to document and report visible damage may impair Company’s ability to pursue claims against a carrier or supplier.
18. INSTALLATION READINESS
Customer is responsible for ensuring that the project is ready for installation.
Unless expressly included, the following are Customer’s responsibility:
- Completion of tile and stone.
- Proper waterproofing.
- Proper framing.
- Adequate structural support.
- Finished walls and floors.
- Removal of construction debris.
- Working utilities.
- Suitable access.
- Completion of other trades.
- Protection of completed work.
If the site is not ready, Company may postpone installation and charge applicable remobilization, storage, delivery, or labor costs.
19. WATER PERFORMANCE — SHOWER ENCLOSURES
A frameless shower enclosure is a glass-and-hardware assembly and is not necessarily a watertight enclosure.
Depending on the configuration, normal conditions may permit:
- Water deflection.
- Minor water escape.
- Water movement through gaps.
- Water migration around doors.
- Splashing at corners.
- Water escaping where panels meet walls, curbs, thresholds, or floors.
Company does not warrant that a frameless shower enclosure will prevent all water from leaving the shower area.
Customer is responsible for appropriate shower design, waterproofing, drainage, slopes, curbs, thresholds, and surrounding construction.
20. GLASS RAILINGS AND STRUCTURAL APPLICATIONS
Where Company supplies or installs glass railings, guards, guardrails, or similar systems, Customer acknowledges that structural suitability depends upon the existing building structure and attachment points.
Unless expressly included, Company does not provide structural engineering or certify the underlying structure.
Customer and/or the project owner is responsible for ensuring that the supporting structure is adequate for the intended application.
21. OFFICE AND COMMERCIAL GLASS
Office partitions, interior glass walls, doors, sidelites, transaction windows, conference-room glass, and similar products are subject to project-specific requirements.
Unless expressly included, Company is not responsible for:
- Fire ratings.
- Acoustic ratings.
- Security ratings.
- Impact ratings.
- Building-code engineering.
- Structural engineering.
- ADA compliance.
- Electrical coordination.
- HVAC coordination.
- Sprinkler relocation.
- Access-control systems.
- Low-voltage systems.
- Other-trade coordination.
Such requirements must be identified before fabrication.
22. CHANGES AND CHANGE ORDERS
Any change to the approved scope may result in additional charges.
Change orders may include:
- Additional materials.
- Labor.
- Fabrication.
- Engineering.
- Delivery.
- Installation.
- Re-measurement.
- Re-design.
- Cancellation/restocking costs.
- Schedule impacts.
Customer-requested changes should be approved in writing before Company proceeds.
23. PROJECT DELAYS
Company is not responsible for delays caused by:
- Customer.
- Other contractors.
- Material shortages.
- Manufacturer delays.
- Shipping delays.
- Weather.
- Site conditions.
- Government action.
- Permit issues.
- Labor shortages.
- Building access.
- Design changes.
- Unforeseen conditions.
- Force majeure events.
A delay does not automatically constitute breach of contract.
24. PAYMENT
Payment terms are stated in the applicable proposal or contract.
Customer agrees to pay all amounts when due.
Unless otherwise stated, failure to make required payments may result in:
- Suspension of work.
- Delay in fabrication.
- Withholding delivery.
- Cancellation of scheduled installation.
- Storage charges.
- Collection costs.
- Reasonable attorney fees where permitted by law.
- Other remedies available under the Agreement or applicable law.
25. CUSTOM PRODUCT CANCELLATION
After custom fabrication, procurement, or production has begun, Customer may not cancel or materially modify the order without Company’s written approval.
If Company agrees to cancellation, Customer may remain responsible for costs already incurred, including materials, fabrication, labor, freight, restocking, administrative costs, and other committed expenses.
26. LIEN RIGHTS
Nothing in these Terms is intended to waive any lien or other payment rights available to Company under applicable Florida law.
For qualifying Florida residential construction contracts, the Agreement should include the statutory construction lien notice required by Florida Statutes §713.015, in the form and format required by law.
The applicable statutory notice should be placed on the contract in the legally required location, type size, capitalization, boldface, signature, and dating format. Company should use counsel-approved language rather than modifying the statutory notice.
27. CONSTRUCTION DEFECT CLAIMS
Where applicable under Florida law, construction-defect claims may be subject to the notice and cure procedures of Chapter 558, Florida Statutes.
For contracts to which Florida Statutes §558.005 applies, the required statutory language should be incorporated in the contract in substantially the form required by law.
28. WARRANTY
Company’s warranty is limited to the warranty expressly stated in the applicable proposal, warranty document, or Service Schedule.
Unless expressly provided otherwise, warranties do not cover damage or failure resulting from:
- Abuse.
- Misuse.
- Improper cleaning.
- Improper maintenance.
- Building movement.
- Settlement.
- Structural movement.
- Improper waterproofing.
- Defective substrates.
- Other contractors.
- Unauthorized modifications.
- Improper installation by others.
- Accidental damage.
- Acts of nature.
- Normal wear and tear.
- Corrosion caused by environmental conditions.
- Failure to follow care instructions.
Manufacturer warranties, where applicable, are limited to the terms provided by the manufacturer.
29. CLAIMS AND INSPECTION
Customer should inspect products and completed Services promptly.
Claims relating to visible defects, damage, measurements, configuration, hardware, finish, or workmanship should be reported promptly and in accordance with the applicable warranty or contract.
Company shall have a reasonable opportunity to inspect and, where appropriate, repair or replace an item alleged to be defective before Customer hires another party to perform corrective work, except where emergency circumstances reasonably require immediate action.
30. REMEDIES FOR DEFECTIVE CUSTOM PRODUCTS
If Company determines that a custom product is defective due to Company’s fabrication or workmanship, Company’s obligation may, at its option, consist of:
- Repair.
- Replacement.
- Re-fabrication.
- Reinstallation where applicable; or
- Refund of the amount paid for the affected product or service.
The remedy will be determined based upon the nature and cause of the claimed defect and applicable law.
31. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Company’s liability arising from the Agreement shall be limited to the amount actually paid to Company for the specific product or service giving rise to the claim.
To the fullest extent permitted by law, Company shall not be liable for special, incidental, indirect, exemplary, punitive, or consequential damages, including loss of use, loss of profits, loss of business, loss of income, or other economic losses.
Nothing in these Terms is intended to waive liability that cannot lawfully be waived or limited.
32. CUSTOMER RESPONSIBILITY AND INDEMNIFICATION
To the fullest extent permitted by applicable law, Customer shall be responsible for losses, damages, costs, or claims arising from Customer’s:
- Breach of the Agreement.
- Misrepresentation.
- Failure to disclose known site conditions.
- Unauthorized modifications.
- Instructions that Company reasonably relies upon.
- Failure to provide safe access.
- Negligent acts or omissions.
- Acts of other contractors under Customer’s control.
Any indemnification obligation shall apply only to the extent permitted by applicable law.
33. DISPUTE RESOLUTION
The parties shall first attempt in good faith to resolve disputes through direct communication.
Before litigation, the parties may agree to mediation or another mutually acceptable dispute-resolution procedure.
Nothing in this section prevents either party from pursuing statutory lien rights, collection remedies, emergency relief, or other rights that cannot lawfully be delayed.
34. GOVERNING LAW
The Agreement shall be governed by the laws of the State of Florida, unless the applicable contract expressly provides otherwise.
Venue shall be determined in accordance with the applicable contract and governing law.
35. ATTORNEY FEES AND COLLECTION COSTS
To the fullest extent permitted by law, the prevailing party in an action arising from the Agreement may be entitled to recover reasonable attorney fees and costs.
Company may also seek recovery of reasonable collection costs to the extent permitted by law.
36. FORCE MAJEURE
Company shall not be liable for failure or delay caused by circumstances beyond Company’s reasonable control, including natural disasters, severe weather, governmental action, transportation interruption, labor disruptions, material shortages, supplier failures, war, civil unrest, epidemics, or other force majeure events.
37. ELECTRONIC COMMUNICATIONS
Customer agrees that Company may communicate regarding the project by email, telephone, text message, electronic signature platform, or other communication method authorized by Customer.
Electronic approvals may constitute written approvals where permitted by applicable law.
38. SMS COMMUNICATIONS
If Customer elects to receive text messages from Company, messages may include:
- Appointment confirmations.
- Consultation reminders.
- Installation scheduling.
- Project updates.
- Delivery notifications.
- Customer-service communications.
- Other transaction-related information.
- Marketing communications where properly authorized.
Message and data rates may apply. Message frequency may vary.
Customer may opt out of marketing or other SMS communications by following the applicable opt-out instructions, such as replying STOP where supported.
39. WEBSITE AND DIGITAL CONTENT
Company’s website and digital materials are provided for general informational purposes.
Product photographs, renderings, drawings, dimensions, finishes, colors, and other website information may vary from actual products.
Website information does not modify a signed proposal or contract unless expressly incorporated into the Agreement.
Company may modify, update, suspend, or discontinue website content or functionality.
40. PRIVACY
Company may collect information reasonably necessary to process orders, communicate with Customer, provide Services, maintain records, process payments, provide customer support, and conduct legitimate business activities.
Customer information shall be handled in accordance with Company’s applicable privacy policy.
SMS consent information will not be sold for unrelated third-party marketing purposes except as permitted by the applicable privacy policy and law.
41. INTELLECTUAL PROPERTY
Company’s drawings, renderings, photographs, designs, specifications, proposals, pricing, processes, trade practices, and other proprietary materials remain Company property unless otherwise agreed in writing.
Customer may not reproduce, distribute, modify, or use Company proprietary materials to obtain competing products or services without Company’s written permission.
42. SEVERABILITY
If any provision of the Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
43. NO WAIVER
A failure by Company to enforce any provision shall not constitute a waiver of Company’s right to enforce that provision later.
44. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between Company and Customer concerning the applicable Services and supersedes prior discussions or representations concerning the same subject matter.
Modifications must be made in writing and approved by authorized representatives of both parties, except where the Agreement expressly permits electronic or other forms of approval.