Stile and Rail Door Warranty

 

TERMS AND CONDITIONS OF SALE
Section #081433 Wood Doors

1. Applicability: Seller’s sale of products and services is expressly conditioned upon these terms and conditions.  All quotations, offers to sell, proposals, acknowledgments and acceptances of orders by Seller are subject to these Terms and Conditions of Sale, and acceptance by Purchaser is expressly limited to them.  Any conflicting terms and conditions set forth in any purchase order or similar communication submitted to Seller by Purchaser are objected to, and are deemed proposals for addition to the contract of sale, and do not become part of the contract of sale between Seller and Purchaser unless expressly and separately agreed to in writing by Seller.  Authorization by Purchaser, whether written or oral, for Seller to supply the products and services will constitute acceptance of these Terms and Conditions of Sale.

2. Prices: Prices quoted by Seller are valid for the stated period.  If no period is stated, then any proposal shall expire without notice 30 calendar days after issuance, unless terminated earlier by prior written notice.  Prices quoted do not include any federal, state, local or other taxes, including but not limited to sales and use taxes, turnover taxes, duties, fees, or other specific assessments which may be levied against the products, and Purchaser agrees to pay any and all such taxes which Seller may be required by law to pay or collect on account of the manufacture or sale of goods and performance of any services for Purchaser.

3. Specifications: Specifications are as stated in Seller’s written quotation.  No other specifications may be deemed part of the contract between Seller and Purchaser unless specifically identified as such in a writing made part of the contract and signed by the Seller.  After the contract of sale becomes effective, specification changes requested by Purchaser and agreed to by Seller may become part of the contract only by separate written agreement signed by Seller, in which event the prices quoted in connection with the original specifications will be subject to change.

4. Shipment: Shipments are F.O.B. plant of manufacture.  Any shipment dates quoted by Seller are approximate.  Seller shall select the mode of shipment and carrier.  All shipping costs shall be borne by Purchaser.  Seller shall exercise reasonable care in preparing items for shipment.  Purchaser agrees to advise Seller and pay for any additional packaging and crating requirements.  Purchaser shall be liable to Seller for any storage, warehouse or demurrage charges and any extra cartage and handling charges caused by Purchaser’s failure or refusal to accept delivery of the products when tendered.  If shipment is delayed at Purchaser’s request, then any payments otherwise due from Purchaser to Seller upon delivery shall immediately become due and payable, and Purchaser shall pay, prior to shipment, any costs of handling, storage and insurance of the products incurred prior to delivery of the products.

5. Force Majeure; Purchaser’s Rights In The Event Of Delays : Seller shall not be held responsible for any delay or failure in performance of any part of its obligations to Purchaser, to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond the parties’ control.  Seller shall not be liable to Purchaser for any damages purported to be due to delays in shipment, regardless of the causes of the delays.  Purchaser may cancel the contract due to delays only if (a) shipment is delayed for more than 120 days by delays caused by Seller, (b) after any such 120 day delay period, Purchaser gives Seller notice in writing of Purchaser’s intent to cancel the contract unless shipment is made within 30 days of Purchaser’s written notice, (c) Seller fails to ship within 30 days after Purchaser’s written notice, and (d) Purchaser provides Seller with written notice canceling the contract after the expiration of the 30 days without shipment.  If Purchaser cancels the contract in accordance with the foregoing, then Seller shall refund to Purchaser all funds paid by Purchaser for the products, and shall have no further liability of any kind to Purchaser.

6. Installation: Installation is by Purchaser.  Seller is not responsible for installation.

7. Cancellation:  Purchaser may only cancel the contract by giving notice in writing to Seller of the cancellation.  Purchaser may cancel the contract for delay only in accordance with the provisions stated above.  If Purchaser cancels the contract for any reason other than delay in shipment, then Seller may retain all payments made by Purchaser prior to the cancellation, regardless of Seller’s costs prior to the cancellation.  If Seller’s costs at the time of cancellation, plus 15 percent of the costs, collectively exceed the amount of any payments made by Purchaser prior to the cancellation, then Purchaser shall be liable to Seller for such increment in excess of the amount of Purchaser’s payments.

8. Warranty: Seller warrants that all doors manufactured and provided by Seller are warranted to be free from defects in material and workmanship which would render them unserviceable or unfit for ordinary, recommended use.  Seller’s entire liability and exclusive remedy to Purchaser, any Third Party Purchaser, or Consumer of any doors is expressly limited to the repair and replacement, at Seller’s sole discretion, of any doors that are determined by Seller to be defective under the terms of this warranty.  Action by Seller on any claim may be deferred at the option of Seller for a period not to exceed 1 year from the date of installation to permit conditioning of the doors to temperature and humidity conditions.

THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Instructions For Storage, Handling, Finishing, Use and Installation: Since methods and conditions of installation and use are beyond Seller's control, Seller's warranty is not effective unless the doors are stored, handled, finished, used and installed in strict accordance with the following provisions:

STORAGE AND HANDLING

  • Store doors flat on a level surface in a dry, well-ventilated building. Doors must not come in contact with water. Doors should be kept at least 4 in. (102mm) off the floor and must have protective coverings under the bottom door and over the top. Covering must protect doors from dirt, water and abuse but allow for air circulation under and around the stack.
  • Doors must not be subjected to direct sunlight. Certain species (e.g., cherry, mahogany, walnut, and teak) in an unfinished state are more susceptible to discoloration if exposed to sunlight or some forms of artificial light. To protect doors from light damage after delivery, opaque wrapping of individual doors may be specified.
  • Do not subject interior doors to extremes of heat and/or humidity. Do not allow doors to come in contact with water. Prolonged exposure may cause damage. Buildings where humidity and temperature are controlled provide the best storage facilities (conditions must be maintained between 25%-55% RH and 50°F-90°F (10°Cto 32°C).
  • Do not install doors in buildings that have wet plaster or cement. Do not store doors in buildings with excessive moisture content – HVAC systems must be operating and balanced.
  • Doors must always be handled with clean dry hands or while wearing clean dry gloves.
  • Doors must be lifted and carried when being moved, not dragged across one another.

FINISHING

  • Wood is hygroscopic and dimensionally influenced by changes in moisture content caused by changes within its surrounding environment. To assure uniform moisture exposure and dimensional control, all surfaces must be finished equally.
  • Doors must not be considered ready for finishing when initially received. Before finishing, remove all handling marks, raised grain, scuffs, burnishes and other undesirable blemishes by block sanding all surfaces in a horizontal position with 120, 150 or 180 grit sandpaper. All architectural flush and stile & rail doors, due to their weight, naturally compress the face veneer grain while in the stack. Therefore, sanding of the overall surface will be required to open the veneer grain to receive a field applied finish evenly. To avoid cross grain scratches, sand with the grain.
  • Certain species of wood, particularly oak, may contain extractives which react unfavorably with foreign materials in the finishing system. Do not use steel wool on bare wood, rusty containers or any other contaminate in the finishing system.
  • A thinned coat of sanding sealer should be applied prior to staining to promote a uniform appearance and avoid sharp contrasts in color or a blotchy appearance.  Door manufacturers are not responsible for the final appearance of field-finished doors. It is expected that the painting contractor will make adjustments as needed to achieve desired results.
  • All exposed, unfinished wood surfaces must be finished and the top and bottom rails sealed. Cutouts for hardware must be sealed prior to installation of hardware.
  • Dark colored finishes should be avoided on all surfaces if the door is exposed to direct sunlight, in order to reduce the chance of warping or veneer checking.
  • Water-based coatings on unfinished wood will cause delamination, veneer splits, highlight joints and raise wood grain. If used on exterior doors, the coating must be an exterior grade product. When installed in exterior applications, doors must be properly sealed and adequately protected from the elements. Please follow the finish and door manufacturer’s recommendations regarding the correct application and use of these products. The Maiman Company does not guarantee doors installed in an exterior application.
  • Be sure the door surface being finished is satisfactory in both smoothness and color after each coat. Allow adequate drying time between coats. Desired results are best achieved by following the finish manufacturer’s recommendations. Do not finish doors until a sample of the finish has been approved
  • Certain wood fire doors have fire retardant salts impregnated into various wood components that make the components more hygroscopic than normal wood. When exposed to high moisture conditions, these salts will concentrate on exposed surfaces and interfere with the finish. Before finishing the treated wood, reduce moisture content below 11% and remove the salt crystals with a damp cloth followed by drying and light sanding.

INSTALLATION

  • The utility or structural strength of the doors must not be impaired when fitting to the opening, in applying hardware, in preparing for lites, louvers, plant-ons or other detailing.
  • Use two hinges for solid core doors up to 60 in. (1524 mm) in height, three hinges up to 90 in. (2286 mm) in height or portion thereof. Use heavy weight hinges on doors over 175 lbs. (79 kg). Pivot hardware may be used in lieu of hinges. Consult hinge or pivot hardware manufacturer with regard to weight and size of hinges or pivots required.
  • The maximum clearance between the top, hinge edge and lock edge to the frame and meeting edge of pairs of doors, is 1/8 in. (3.2 mm).
  • All hardware locations, preparations and methods of attachment must be appropriate for the specific door construction. Templates for specific hardware preparation are available from hardware manufacturers or their distributors.
  • When lite or louver cutouts are made for exterior doors, they must be protected in order to prevent water from entering the door core.
  • Pilot holes must be drilled for all screws that act as hardware attachments. Full threaded screws are preferable for fastening hardware to non-rated doors and are required on fire-rated doors. Self-tapping or combination wood/metal screws are not to be used on wood doors.
  • If a full threaded screw is installed, then subsequently removed from a non-combustible fire door core, a new fastener with a larger root diameter and ½” longer than the original MUST BE SUBSTITUTED. This non-combustible material has considerably less “memory” than wood products do, and, therefore, must follow different guidelines for fasteners than wood-based cores.
  • In fitting non-rated doors for height, do not trim top or bottom edge by more than 3/4 in. (20 mm) unless accommodated by additional blocking. Trimming of fire-rated doors must be in accordance with NFPA 80.
  • Doors and door frames must be installed plumb, square and level.

CLEANING AND TOUCHUP

  • Inspect all wood doors prior to hanging them on the job. Repair noticeable marks or defects that may have occurred from improper storage and handling.
  • Field repairs and touchups are the responsibility of the installing contractor upon completion of initial installation. Field touchup shall include the filling of exposed nail or screw holes, re-finishing of raw surfaces resulting from job fitting, repair of job inflicted scratches and mars and final cleaning of finished surfaces.
  • When cleaning door surfaces, use a non-abrasive commercial cleaner designed for cleaning wood door or paneling surfaces, that does not leave a film residue that would build up or affect the surface gloss of the door finish.


ADJUSTMENT AND MAINTENANCE

  • Insure that all doors swing freely and do not bind in their frame. Adjust the finish hardware for proper alignment, smooth operation and proper latching without unnecessary force or excessive clearance.
  • Review with the owner/owner’s representative how to periodically inspect all doors for wear, damage and natural deterioration.
  • Review with the owner/owner’s representative how to periodically inspect and adjust all hardware to insure that it continues to function as it was originally intended.
  • Finishes on exterior doors may deteriorate due to exposure to the environment. In order to protect the door it is recommended that the condition of the exterior finish be inspected at least once a year and re-finished as needed. Both exterior and interior finishes will change color over time. The Maiman Company does not guarantee doors installed in an exterior application.
  • Any retrofit or other field modification to a fire rated opening can potentially impact the fire rating of the opening, and The Maiman Company makes no representations or warranties concerning what such impact may be in any specific situation.  When retrofitting any portion of an existing fire rated opening, please consult with a code specialist or a local code official (Authority Having Jurisdiction) to ensure compliance with all applicable codes and ratings.

 10. Warranty Exclusions: Seller's warranty does not cover the following:

  • The appearance of field finished doors.
  • Natural variations in the color, texture, character, or cut of the wood.
  • Doors with cutouts nearer than five inches to the door edge, or doors with less than five inches between adjacent cutouts such as hardware, lights, and louvers, etc.
  • Doors which are improperly hung or do not swing freely.
  • Warpage of doors less than 1-3/4 inches thick which are wider that 3/0 or higher than 7/0.
  • Normal wear and tear including wear-through of finish.
  • The appearance of high gloss wood faced doors.
    Incompatibility of hardware with a particular door construction.  This includes concealed closures deeper than 2 inches and concealed vertical rod devices.
  • Exterior doors are not warranted under any circumstances.
  • Construction involving different species or face materials on opposite sides of the door.  This may create an unbalanced condition not warranted against warpage.
  • Construction involving appliqués to one face of the door, which creates, unbalanced conditions.
  • Doors that are not treated as outlined in the Handling, Finishing and Installation Instructions.
  • Doors that are stored longer than 15 days.
  • Doors that have any form of facing grooving penetrating the veneer.
  • Doors altered by others for size by re-railing or re-stiling.
    Applied lumber mouldings in excess of 3-1/2 inches in width or which cover over 25% of a door face.
  • Doors exceeding 3’-6” in width, or 9’-0” in height are not warranted.
  • Doors that are constructed of solid lumber, or other deviations from The Maiman Company’s standard construction practices are not warranted.

11. Special Provision As To Warping: Seller's warranty is subject to the following special provision with respect to warping: Warp shall not be considered a defect unless it exceeds 1/4 inch in the plane of the door itself.  For doors 1-3/4 inch or thicker, warp shall not exceed 1/4 inch in doors 3/6 x 7/0 or smaller, nor shall it exceed 1/4 inch in doors 3/6 x 7/0 section of larger doors.  For doors less than 1-3/4 inch thick, warp shall not exceed 1/4 inch in doors 3/0 x 7/0 or smaller.  Warp is any distortion in the door itself and does not refer to the relationship of the door to the frame, jamb, or adjacent doors.  Warp is measured by placing a straight edge on the concave face and determining the maximum distance from straight edge to the door face.

12. Notice Provision: Purchaser shall notify Seller in writing promptly upon discovery of facts giving rise to any claim under this warranty, stating specifically the nature of the claim, the date of discovery of same, identifying the product involved, and providing photographic evidence of the condition of the doors.  Failure to so notify Seller within ninety days after discovery of facts giving rise to the claim shall fully and completely relieve Seller from any obligation under this warranty.

13. Partial Invalidity: If any provision or portion of a provision of these Terms and Conditions of Sale is determined to be invalid under any applicable law, it shall be deemed omitted, and the remaining provisions and partial provisions hereof shall continue in full force and effect.

14. Governing Law And Dispute Resolution: The contract between Seller and Purchaser, including these Terms and Conditions of Sale, shall be interpreted and construed in accordance with the laws of the state of Missouri.  All disputes in any way involving the contract between Seller and Purchaser, including these Terms and Conditions of Sale, shall be decided by mediation/arbitration in the following manner. Disputes shall be initially submitted to mediation before the American Arbitration Association ("AAA"), in accordance with the AAA's construction industry rules for mediation, with the mediation to take place in Greene County, Missouri.  If after twelve hours of actual mediation time, the parties have not reached a settlement, then the mediator shall declare the mediation proceedings closed, at which time the mediator shall assume the role of an arbitrator, and each of the parties shall simultaneously provide the mediator with a final offer and demand.  Within 24 hours of such submission, the arbitrator shall select either the final offer or the final demand, with the Arbitrator's selection to be entered as the Final Award in the Arbitration, binding on the parties.  The Arbitrator's Award may be confirmed and enforced as a judgment in any court competent to do so.

15. Changes: No changes of the contract between the parties or to these Terms and Conditions of Sale shall be binding without the written consent of both parties.

16. LIMITATION ON DAMAGES: SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND.  THIS LIMITATION ON DAMAGES IS INTENDED TO HAVE THE BROADEST POSSIBLE APPLICATION AND IS INTENDED TO APPLY TO ALL DISPUTES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE CONTRACT BETWEEN THE PARTIES AND/OR THE PRODUCTS TO BE SUPPLIED BY SELLER, REGARDLESS OF WHETHER OR NOT THE PRODUCTS ARE ACTUALLY MANUFACTURED AND/OR SHIPPED TO THE PURCHASER.  EXCEPT AS OTHERWISE PROVIDED HEREIN, PURCHASER’S EXCLUSIVE REMEDY FOR ALL CLAIMS ARISING OUT OF THE CONTRACT OF SALE SHALL BE THE RIGHT TO REPAIR OR REPLACEMENT OF NONCONFORMING PRODUCTS, OR AT SELLER’S OPTION, REPAYMENT OF THE PURCHASE PRICE.  SELLER’S LIABILITY TO PURCHASER FOR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE DISCLAIMED HEREIN, SHALL IN NO EVENT EXCEED THE CONTRACT PRICE.

17. Assignment: This agreement benefits Seller, its successors and assigns.  Seller may assign its rights under the contract, and the assignee and any subsequent assignee shall have all the rights and remedies of Seller under the contract of sale.  Neither the contract of sale nor the obligations thereunder may be assigned or transferred by Purchaser unless separately agreed to by Seller, in writing.  Any purported assignment by Purchaser in violation of this provision shall be void as against Seller.

18. Security Interest: Seller reserves a purchase money security interest in all products delivered until Seller receives the full purchase price.  Purchaser agrees to execute any documents at Seller’s request with respect to creation and perfection of a security interest in the products sold.

The Maiman Company, Ince. (The Maiman Company) warrants Stile and Rail doors to be of good material and workmanship and will provide satisfactory performance for a period of one year from the date of invoice.