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Ital East Corp – Terms and Conditions of Sale

Effective November 3, 2026

These Terms and Conditions of Sale ("Terms") apply to every quotation, proposal, order, invoice and sale of products and services by Ital East Corp, 2241 Dutch Fork Road, Unit I, Chapin, SC 29036 ("Ital East"), to any customer, dealer or contractor ("Buyer"). Products include windows, doors, curtain wall, glass and aluminum systems, extrusions, hardware and related materials ("Products"). Services include delivery, installation and related work ("Services").

If these Terms conflict with a signed Ital East proposal or contract, the signed document controls for that project. Buyer's purchase orders, forms or terms do not apply unless Ital East agrees to them in writing.

1. Acceptance

An order is binding only when Ital East accepts it in writing or begins performance. Signing an Ital East proposal, paying a deposit, approving shop drawings, or accepting delivery is Buyer's acceptance of these Terms.

2. Quotations and proposals

Quotations are valid for the period stated on them, or 30 days if none is stated. Quotations are based on the drawings, quantities and specifications provided at the time. Any change to those may change the price and lead time. Clerical errors in quotations or invoices may be corrected by Ital East.

3. Pricing

Prices are in U.S. dollars. Unless the proposal says otherwise, prices are for Products only, FOB Ital East's facility in Chapin, SC, and exclude freight, installation, permits, field measuring, engineering, and sales or use tax.

4. Tariffs, duties and material costs

Prices are based on tariffs, duties, surcharges and material costs in effect on the quotation date. If any government tariff, duty, trade measure or surcharge on Products or their materials is imposed or increased before shipment, Ital East may adjust the price by the added cost, with written notice to Buyer. Ital East is not responsible for delays caused by customs holds, inspections or changes in trade rules.

5. Taxes

All prices are plus sales tax if applicable. Buyer pays all sales, use and similar taxes on Products, except where Buyer provides a valid exemption or resale certificate. Installation labor may be exempt where a valid capital improvement form is provided, subject to the law of the state where the work is performed.

6. Payment

  1. Deposits and progress payments are due as stated in the proposal. Ital East orders materials only after receiving the required deposit.
  2. Unless the invoice states otherwise, invoices are due upon receipt. Reimbursable costs (Section 7) are due upon receipt.
  3. Past-due balances accrue a late charge of 1.5% per month, or the maximum rate allowed by law if lower.
  4. Buyer pays Ital East's reasonable costs of collection, including attorney fees and court costs.
  5. Ital East may hold production, shipment, delivery or installation while any amount is past due, and the schedule is extended by the delay.
  6. Credit card payments carry a 3.75% processing fee, added to the amount charged. Payments by ACH, wire or check carry no fee.

7. Freight and reimbursable costs

  1. Any freight or shipping amount in a proposal is an estimate and allowance only. It may be adjusted to actual cost at the time of shipping.
  2. Expedited freight (including air freight), and the trucking, customs brokerage, clearance, bond and handling charges that come with it, are billed separately at cost unless the proposal says otherwise. Where Ital East and Buyer agree to share these costs, Ital East invoices Buyer's share, shown against the full cost.
  3. Copies of supporting freight documents are available on request. Product cost and pricing information in those documents may be withheld.

8. Delivery

Delivery dates are estimates. Buyer provides safe, clear access for delivery and unloading, and personnel or equipment to unload unless Ital East agrees otherwise. Buyer inspects and counts Products at delivery and notes any visible damage or shortage on the delivery receipt. Storage, redelivery or waiting time caused by Buyer or the site is billed to Buyer.

9. Title and risk of loss

Risk of loss passes to Buyer when Products are delivered to Buyer, Buyer's carrier, or the job site, whichever comes first. Title passes to Buyer only when Ital East has been paid in full. Until then, Buyer holds the Products for Ital East and grants Ital East a security interest in them to secure payment.

10. Lead times

Lead times start after Ital East receives the deposit, approved shop drawings, and final selections (finish, glass and hardware). Typical lead times are 8–12 weeks for stock finishes and 12–16 weeks for non-stock powder-coated finishes. Special glass or hardware may extend lead time. Lead times are estimates, not guarantees, and Ital East is not liable for delay damages. Each change Buyer requests to drawings, dimensions, quantities or selections restarts the lead time. If Buyer keeps making changes, the lead time keeps extending and does not begin until all changes are final and approved in writing.

11. Custom products, cancellation and returns

Products are made to order. Once materials are ordered or production begins, orders cannot be cancelled or returned. If Buyer cancels, Buyer pays for all work performed and materials ordered, plus any supplier cancellation charges. Deposits are non-refundable once materials are ordered. Buyer is responsible for the accuracy of dimensions, quantities and selections it provides or approves.

12. Changes

Changes after acceptance must be in a written change order signed by both parties. Changes may adjust price and lead time (see Section 10). Any added cost is handled by change order, and change order charges are due in full when Buyer approves the change order. Ital East does not proceed with changed work until that payment is received. Work stopped, held or delayed at Buyer's request may incur storage and remobilization charges.

13. Inspection and claims

Buyer must report visible damage, shortages or wrong items in writing (email is acceptable) within 5 business days of delivery, with photos. Products not reported in that time are accepted. Products that are installed, altered or glazed are accepted. Ital East may repair, replace or credit any confirmed claim, at Ital East's choice.

14. Limited warranty

Ital East's limited warranty for Products is the written warranty provided with the proposal or published by Ital East. It covers manufacturing defects only. It does not cover improper installation by others, field modification, building movement, misuse, lack of maintenance, coastal or high-salt exposure unless a coastal finish was purchased, or normal weathering. EXCEPT FOR THAT WRITTEN WARRANTY, Ital East MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. Limitation of liability

Ital East is not liable for indirect, incidental, special or consequential damages, including lost profits, delay damages, liquidated damages, or costs of removal and reinstallation. Ital East's total liability for any claim is limited to the amount Buyer paid for the Products or Services involved.

16. Installation and site conditions

Where Ital East provides installation, Buyer provides openings that are plumb, square, level and ready, and is responsible for flashing, waterproofing and building envelope work by others unless included in the proposal. Unforeseen site conditions are handled by change order.

17. Lien rights

Ital East reserves all mechanic's lien, bond and payment rights available under the law of the state where the project is located. Buyer provides project owner, property and bond information on request.

18. Force majeure

Ital East is not liable for delay or failure caused by events beyond its reasonable control. These include supplier or carrier delays, customs holds, government action, tariffs, shortages, labor disputes, weather, fire, and power or equipment failure. The schedule is extended by the delay.

19. Governing law and venue

These Terms are governed by the laws of the State of South Carolina. Any dispute will be brought in the state or federal courts serving Lexington County, South Carolina. Buyer consents to that jurisdiction. The prevailing party recovers reasonable attorney fees and costs.

20. Dealers

Dealers and resellers are independent businesses and may not make warranties or commitments on Ital East's behalf. A separate dealer agreement, if any, also applies.

No privity with dealer's customers. When Products or Services are sold through a dealer, Ital East's contract is solely with the dealer, and Ital East's obligations run only to the dealer under these Terms and any written agreement between Ital East and the dealer. The dealer contracts with its own customer in its own name and is solely responsible to that customer for the dealer's quotations, pricing, representations, schedules, installation, warranties and other undertakings. Nothing in any agreement between the dealer and its customer binds Ital East, enlarges Ital East's obligations, or creates any contractual relationship between Ital East and the dealer's customer. The dealer's customer is not a third-party beneficiary of these Terms or of any agreement between Ital East and the dealer, except as to any written limited warranty Ital East expressly extends to end users. The dealer shall defend, indemnify and hold Ital East harmless from claims by the dealer's customer arising from the dealer's acts, omissions or commitments beyond those Ital East has made in writing.

21. General

These Terms, with the signed proposal, are the entire agreement. If any part is unenforceable, the rest remains in effect. Ital East's failure to enforce a term is not a waiver. Ital East may update these Terms; the version in effect on the order date applies.

Ital East Corp · 2241 Dutch Fork Road, Unit I, Chapin, SC 29036 · 803-590-2915 · www.italeastcorp.com