Terms and Conditions: Mesquite Window Replacement

1. Mandatory Texas Notice


IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.


2. Right of Cancellation


Notice of Three-Day Right to Cancel: Pursuant to the Texas Business and Commerce Code, Chapter 601, the Customer has the right to cancel this transaction without penalty or obligation within three (3) business days from the date the contract is signed, provided the contract was signed at a location other than the Contractor’s place of business.


3. Scope of Work


Mesquite Window Replacement ("Company") agrees to provide all labor, materials, and equipment necessary to perform the window replacement services as detailed in the signed Proposal/Quote.

  • Included: Removal of old sashes/frames (as specified), installation of new units, and basic sealing/caulking.
  • Excluded: Repair of "hidden damage" (e.g., dry rot, termite damage, or structural issues discovered after removal), interior/exterior paint, and window treatment re-installation unless explicitly stated in writing.


4. Payment Terms


  • Deposit: A deposit of [Insert Percentage, e.g., 50%] is required upon signing to order custom materials.
  • Final Payment: The remaining balance is due immediately upon substantial completion of the installation.
  • Late Fees: Any balance unpaid after thirty (30) days shall bear interest at a rate of 18% per year or the maximum rate allowed by Texas law.


5. Hidden Damage & Unforeseen Conditions


If, upon removal of existing windows, the Company discovers rot, mold, insect damage, or structural defects in the window bucks or framing, the Company will stop work and notify the Customer.

  • The Company is not responsible for repairing these items unless a separate "Change Order" is signed.
  • Failure to repair structural defects may void product warranties or prevent proper installation.


6. Customer Responsibilities


To ensure a safe and efficient installation, the Customer agrees to:

  • Access: Provide clear access to the work area (interior and exterior).
  • Preparation: Move furniture, wall hangings, and breakables at least 3 feet away from windows.
  • Alarms: Disconnect any security sensors attached to windows prior to the start of work. The Company is not responsible for re-wiring or re-connecting alarm systems.
  • Permits: Unless otherwise agreed in the Proposal, the Customer is responsible for any HOA approvals. The Company will handle City of Mesquite building permits, the cost of which is included in the contract price.


7. Scheduling & Delays


All installation dates are estimates. The Company shall not be liable for delays caused by weather, manufacturer supply chain issues, or "Acts of God." In Texas, extreme heat or thunderstorms may require rescheduling for the safety of the crew and the integrity of the home’s seal.


8. Warranties


  • Workmanship: The Company provides a [Insert Number, e.g., 2-year] limited warranty on installation labor.
  • Product: Manufacturer warranties apply to the windows themselves (e.g., glass breakage, seal failure). The Company will assist the Customer in filing manufacturer claims but is not the warrantor of the product itself.
  • Exclusions: This warranty does not cover condensation (often a result of interior humidity) or damage caused by "settling" of the home.


9. Liability & Insurance


The Company maintains General Liability insurance and Worker’s Compensation as required by the State of Texas. The Company is not responsible for incidental damage to landscaping, sheetrock cracks, or dust accumulation inherent to construction.


10. Dispute Resolution


Any dispute arising under this contract shall be governed by the laws of the State of Texas. Parties agree to attempt mediation in Dallas County before filing any legal action.

  • Note: If this contract includes a binding arbitration clause, it must be conspicuously printed in 10-point bold type to be enforceable in Texas.