Terms & Conditions of Sale

Updated Date: August 2026

These Terms & Conditions of Sale (“Terms”) apply to products and services sold by Aquaview Architectural, LLC, doing business as Aquaview Fencing (“Aquaview”), to the person or entity purchasing them (“Buyer”). They are intended to explain the basic rules that apply to each order in clear, practical language.

Project-specific scope, pricing, payment terms, dimensions, specifications, and installation details are shown on the applicable estimate, purchase order, invoice, approved drawing, or written change order (collectively, the “Project Documents”). If a Project Document expressly conflicts with these Terms, the Project Document controls for that specific issue.

2. Estimates, Pricing and Taxes

Estimates are based on the measurements, drawings, photographs, specifications, and other information available at the time they are prepared. Pricing may be adjusted if the project scope, quantities, measurements, specifications, delivery requirements, or site conditions change. Aquaview may also correct clerical or calculation errors in an estimate or order document and will notify Buyer if a correction affects the price.

Unless specifically included in the Project Documents, Buyer is responsible for applicable sales or use taxes, permit and inspection fees, duties, customs charges, and other governmental charges related to the order. Freight and delivery charges are included only when stated in the Project Documents.

3. Orders, Drawings and Specifications

Buyer is responsible for providing accurate project information and for reviewing and approving the final order details. This includes confirming measurements, glass heights, panel sizes, layout, quantities, gate locations, finishes, mounting conditions, and other specifications shown in the Project Documents.

Aquaview may rely on information and specifications supplied or approved by Buyer, Buyer's contractor, architect, engineer, or other project representative. Production may begin after required approvals and deposits are received.

4. Changes, Cancellations and Returns

Most Aquaview glass and hardware is custom fabricated or ordered for a specific project. Once a purchase order has been approved and deposit payment has been processed, the order is non-cancellable, non-refundable, and non-exchangeable unless Aquaview agrees otherwise in writing.

Requested changes after approval may affect price, lead time, engineering, fabrication, or installation and may require a written change order. If Aquaview agrees to cancel or modify an order after costs have been incurred, Buyer remains responsible for completed work, custom materials, restocking charges, freight, and other nonrecoverable costs.

5. Payment

Unless the Project Documents state otherwise, Aquaview requires a 60% deposit to confirm the order. If installation is included in the contracted scope, the remaining 40% balance is payable upon installation of the goods. In cases where we are shipping the goods, the final balance is due prior to shipment. Payment is due according to the dates or milestones shown on the purchase order or invoice.

Aquaview may pause fabrication, delivery, installation, or other work if a required payment is overdue. Buyer remains responsible for amounts due for products or services already ordered, fabricated, delivered, or performed. If Buyer fails to pay any amount when due, Buyer is responsible for Aquaview's reasonable costs of collection, including attorney's fees, whether or not a lawsuit or arbitration is filed, to the extent permitted by law.

6. Delivery and Inspection

Materials may be delivered by third-party freight or parcel carriers. Delivery and fabrication dates are estimates only and may change due to production schedules, carrier delays, weather, material availability, site readiness, or other circumstances outside Aquaview's reasonable control.

Buyer is responsible for providing accurate delivery information and a safe, accessible location for delivery. Buyer should inspect materials promptly after receipt and notify Aquaview in writing of visible shipping damage, shortages, or incorrect items, with photographs when available. Buyer must notify Aquaview within seven (7) days from the date of delivery or (where the defect or issue was not apparent on reasonable inspection) within seven (7) days after discovery of the defect or issue.

7. Installation and Site Conditions

Installation is included only when specifically listed in the Project Documents. Aquaview may coordinate installation work through authorized or third-party installers. Installation schedules are approximate and may change due to weather, material timing, site conditions, access, or other project requirements.

Unless specifically included in Aquaview's written scope, Buyer, the property owner, or the general contractor is responsible for:
• Permits, approvals, code verification, inspections, and property or HOA requirements.
• Accurate property lines and the location of underground or concealed utilities.
• Providing a safe, clear, and accessible work area.
• The structural condition and suitability of existing concrete, decks, balconies, walls, framing, waterproofing, and other mounting surfaces.

Aquaview does not design, construct, rebuild, or inspect the underlying deck, balcony, wall, slab, or waterproofing system unless that work is expressly included in writing. Aquaview is not responsible for movement, deflection, cracking, water intrusion, or other failures caused by inadequate or defective existing structures, substrates, waterproofing, or site conditions outside Aquaview's scope. Unexpected or concealed site conditions may require a change in design, schedule, installation method, or price. Aquaview will communicate material changes before proceeding whenever reasonably practicable.

8. Warranty

Aquaview provides a two-year limited warranty on Aquaview-supplied materials and, when installation is included in Aquaview's contracted scope, on installation workmanship. The warranty begins on the invoice date and applies to the original Buyer unless Aquaview agrees otherwise in writing.

The warranty covers defects in materials or workmanship under normal use. It does not cover normal weathering or cosmetic wear; scratching, fading, or staining; corrosive environmental contaminants; shipping or impact damage; accidents; misuse, abuse, or improper maintenance; unauthorized modification or repair; movement or failure of structures or substrates; water intrusion; or events outside Aquaview's reasonable control.

For a valid warranty claim, Aquaview may, at its option and to the extent permitted by law, repair the affected work, replace the affected product, or refund the purchase price of the affected product or service. Buyer must provide reasonable information and access needed to evaluate the claim. Any separate written Aquaview warranty provided for the project is incorporated into these Terms and controls if it provides more specific coverage.

10. Buyer Responsibility and Indemnification

Buyer is responsible for claims, costs, or damage arising from inaccurate Buyer-supplied information or specifications; misuse or alteration of Aquaview products; work performed outside Aquaview's scope; or unsafe, defective, or unsuitable site conditions. To the extent permitted by law, Buyer agrees to indemnify and hold Aquaview harmless from third-party claims arising from those matters, except to the extent caused by Aquaview's own negligence or other liability that cannot legally be waived.

12. Dispute Resolution and Governing Law

Aquaview and Buyer will first make a good-faith effort to resolve any dispute directly. If a dispute cannot be resolved informally, it will be resolved by binding arbitration before one arbitrator in Los Angeles County, California, administered by JAMS under its applicable rules, unless applicable law requires a different process. California law governs these Terms, without regard to conflict-of-law rules. A court with jurisdiction may enter judgment on the arbitration award or grant temporary relief in support of the arbitration.

13. Attorney's Fees and Costs

In any claim, action, arbitration, or other proceeding arising out of or relating to these Terms, the Purchase Order, the Project Documents, or the products or services provided by Aquaview, the prevailing party will be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party, to the extent permitted by law. This includes fees and costs incurred in enforcing or interpreting the agreement, collecting amounts due, defending against claims, at trial, on appeal, in arbitration, and in enforcing or collecting any judgment or award. This provision survives completion, cancellation, or termination of the agreement.

14. General Terms

These Terms, together with the Project Documents, are the complete agreement regarding the order and replace prior discussions or representations about the same subject. Changes to an order or these Terms must be agreed to in writing by Aquaview.

If any provision is found unenforceable, the remaining provisions will continue in effect. A delay or failure to enforce a provision is not a waiver of the right to enforce it later. The version of these Terms in effect when Buyer approves the order applies to that order unless the parties agree otherwise in writing.