Terms of Service

BWJ Storm Measurement, Delivery, and Installation Terms of Service

The BWJ Terms of Service ("Terms") is a legal agreement defining what You can expect from BWJ, what BWJ expects in return, and how You and BWJ will resolve any differences. By (i) making an appointment for an on-Premise measurement, or (ii) making a purchase on our Website, You are agreeing to be bound by these Terms for the performance of services at Your Premises, and delivery and installation of the purchased products. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MUST CANCEL ANY MEASUREMENT APPOINTMENT, AND YOU MUST NOT PROCEED WITH ANY PURCHASE FROM OUR WEBSITE.

1. Common Definitions

Capitalized terms used in these Terms will either have the following stated meanings, or will be defined throughout these Terms.

  • "Terms" means the BWJ Storm Measurement, Delivery, and Installation Terms of Service and includes (i) these Terms, including any and all addenda, (ii) any documents expressly referencing and made part of the Terms, (iii) Our Website Terms of Use and Privacy Policy, and (iv) Your purchase receipt. If there is any inconsistency between these documents, the first document to appear in this definition shall take precedence. These Terms are the entire agreement between You and BWJ concerning delivery of goods and performance of services specified in these Terms. These Terms replace and supersede all earlier written agreements and all oral agreements, whether these were made earlier, at the same time, or after a purchase was made, concerning delivery of goods and performance of the services specified herein.
  • "You", "Your(s)", and "Customer" all mean the person making an appointment for an on-Premise measurement, or making a purchase on our Website.
  • "Material(s)" means the physical items utilized in connection with Installation Services performed under these Terms, whether these are furnished by You or BWJ.
  • "Installation Services" means all of the actions noted as "Service @ Delivery" under each door purchase listed on Your receipt, as well as the planning, labor, and other actions necessary to deliver and install products You purchased on Our Website.
  • "BWJ", "BWJ Storm", "Us", "Our(s)", and "We" all mean Byron W Jones LLC, a New York Limited liability company.
  • "Premises", "Your Home", or "Project Location" means the location You identify as the site where products purchased from Our Website will be delivered and installed.
  • "Price" means the Total indicated at the time of purchase.
  • "Delivery", or "Delivery Time" means the span of time on a given date that You selected, or that You and BWJ agreed upon, during which We will begin delivery and Installation Services for products You purchased on Our Website. In complex cases, or orders with multiple products to install, may require more than one such time spans. In such cases, these terms apply to all these time spans collectively.

2. Scope

These Terms are between You and BWJ for the purchase and installation of products offered on Our Website. We will perform Our services in substantial conformance with the Installation Services declared on Your receipt.

3. Return & Cancellation Policy

You may cancel a purchase from Us, by phone (585-576-1654) or by email (customercare@bwjstorm.com), at any time prior to Our arrival to Your Home to deliver the purchased products. Upon our arrival to Your Home for Delivery, the sale becomes final. Returns are not accepted on delivered items.

If You choose to cancel Your purchase, You will be entitled to a refund. We make time commitments and incur other expenses as the Delivery Time approaches. For this reason, the amount refunded to You if You cancel will vary based on when You provide Us notice of cancellation, according the schedule below:

  • Within 72 hours of purchase: 95% of purchase Price.
  • More than 72 hours after purchase, but more than 76 hours prior to Delivery: 75% of purchase Price.
  • Between 28 - 76 hours prior to Delivery: 60% of purchase Price.
  • Less than 28 hours prior to Delivery: 50% of purchase Price.

4. Delivery & Installation Service

You may reschedule Your Delivery Time (or for Delivery that spans multiple dates, a portion thereof), a maximum of two (2) times, contacting Us to do so at least 24 hours prior to Delivery Time, without additional charge. If You request a reschedule more than two times, or within 24 hours of Delivery, You must pay a Rescheduling Fee of 9% of the purchase Price. You agree that refusal to pay the Rescheduling Fee means that You decline completion of Installation Service, and We will deliver the items purchased on Our Website at the Premises at the last scheduled Delivery Time without completing Installation Service. As a courtesy, We may provide You with a partial refund of the purchase Price, the exact amount of which will be determined at Our sole discretion.

There must be responsible person over 18 years of age at the Premises to grant Us needed access at Delivery Time. We will attempt to contact You, and We will wait up to twenty (20) minutes for a responsible person to arrive. No arrival of a responsible person within this time means that You decline completion of Installation Service, and We will deliver the items purchased on Our Website at the Premises without completing Installation Service. As a courtesy, We may provide You with a partial refund of the purchase Price under these circumstances, the exact amount of which will be determined at Our sole discretion.

5. Completion Schedule

Installation Services are to commence and be completed on date(s) agreed upon by You and BWJ as the Delivery Time, provided the purchased products are available for delivery. The parties agree that these dates are not of the essence. Any delay in performing Installation Services because of:

  • strike,
  • government actions,
  • fire,
  • acts of nature,
  • epidemic or pandemic,
  • acts of terrorism,
  • civil unrest,
  • the BWJ employee assigned to perform Your Installation Services suffering (i) serious or contagious illness, (ii) dire personal or family emergency, or (iii) severe bodily injury, without regard to whether this injury occurred on the Premises,
  • manufacturing or delivery delays,
  • damage to merchandise caused by third parties,
  • inability to obtain materials in a timely or commercially feasible manner,
  • incorrect information You provide,
  • legal encumbrances on the Premises,
  • the Premises' nonconformance with zoning requirements or building code requirements,
  • hidden or unforeseen physical or hazardous conditions at the Premises, or
  • any other impediment to completing Installation Services which will require review and authorization by a licensed engineer to proceed,

may affect the anticipated commencement and completion dates and shall be excused and will not be breaches of these Terms.

6. Materials

Title to materials not explicitly purchased by You on Our Website (i.e. not itemized on Your purchase receipt), but purchased by BWJ for use at the Project Location does not pass to Customer. These are the property of BWJ and will remain such until said materials are installed at the Premises. Customer agrees that any surplus materials upon completion of Installation Services are not the property of Customer, and remain the property of BWJ. Upon request by the Customer, BWJ, at its discretion, may allow all or part of the unused surplus materials to be retained by the Customer.

7. Licenses, Permits, and Other Regulatory Requirements

BWJ will obtain any and all licenses, registrations, certifications, and permits ("Local Requirements") necessary to perform Installation Services, unless otherwise required by law, or where BWJ elects to use a third-party service. You agree to cooperate in any required inspection or permitting process. BWJ is responsible for performing Installation Services in compliance with applicable safety rules, building codes, zoning ordinances, and other regulations ("Local Regulations"). Customer is responsible for any violations of the Local Regulations that exist at or prior to the commencement of Installation Services. These Terms create no obligation to correct these pre-existing violations. BWJ will not perform any additional work after completion of Installation Services due to changes in the Local Regulations.

8. Disqualifying Conditions

You certify that the following (collectively referred to herein as "Disqualifying Condition(s)") are not present in the Premises structure, substructure, superstructure, points of attachment, or work environment:

  • defects
  • weaknesses
  • evidence of construction or repair by unconventional methods or using unconventional and/or unsuitable materials
  • hazardous or potentially hazardous conditions, including, but not limited to, mold, mildew, rot, asbestos, infestation

We have formulated the Price based on this representation. If We discover Disqualifying Conditions before completing Installation Services, You must remedy the Disqualifying Conditions, at Your sole expense, to Our satisfaction. If You disagree that a Disqualifying Condition exists, then We may hire an inspector to inspect the Premises, and the inspector's report will be final and conclusive as to the existence of a Disqualifying Condition. If the inspector finds that there is no Disqualifying Condition present, We will be responsible for the cost of the inspection. If the inspector finds that there are one or more Disqualifying Conditions present, You will be responsible for the cost of the inspection. If You refuse to permit an inspection, or if You fail to remedy the Disqualifying Condition(s) to Our satisfaction, then We may elect to complete delivery of goods purchased from Our Website, but cancel performance of Installation Service.

You further agree that the following are also Disqualifying Conditions:

  • uncontrolled minors or animals
  • performance of felonious actions by any person(s) at the Premises while We are performing work on the property
  • persons assaulting, menacing, brandishing a weapon, threatening or posing a threat, or speaking in an abusive or derogatory manner to BWJ employees

If the any foregoing conditions manifest during performance of Installation Services, We will immediately leave all goods purchased from Our Website at the Premises and terminate performance of Installation Service.

You understand and agree that, if BWJ cancels Installation Service under the provisions of this section, BWJ has no obligation to return the Premises to its original condition.

9. Your Warranty to BWJ Concerning Easements, Covenants, and Third-Party Rights

By making a purchase on Our Website, You warrant that performance of Installation Services will not violate any existing real property easement, covenant, historic district regulations, homeowner's association rule, or rights of third parties holding an interest in the Premises or otherwise, and that You have the rights and authority to make substantial and permanent alterations to the Premises.

10. Customer Responsibilities

You agree:

  1. To pay only BWJ. You agree to pay BWJ and only BWJ for any work performed at the Premises by BWJ employees. You agree not to pay BWJ employees separately or directly.
  2. To provide a safe and proper work environment. Before and during the performance of Installation Services, You will ensure that work areas are free of vermin, pre-existing physical or environmental hazards, and violations of Local Regulations. You will allow Our employees to have access to work areas (interior and exterior) and restrooms. You agree not to have unattended minors or animals at the Premises during performance of Installation Services.
  3. To keep children and pets safe. You agree to control and keep children and animals away from work areas. YOU AGREE TO ENSURE THAT ANIMALS AND PERSONS UNDER 15 YEARS OF AGE WILL HAVE NO ABILITY TO MAKE PHYSICAL CONTACT WITH OUR EMPLOYEES UNDER ANY CIRCUMSTANCES. You further agree that (i) an animal and/or small child having repeated (meaning having occurred more than once) contact with a BWJ employee is a Disqualifying Condition, (ii) BWJ is to be held harmless and is not liable for injury to pets or minors in a work area, and (iii) if BWJ equipment is damaged by pets or minor(s), You will reimburse BWJ in full for the cost of new replacement equipment, which may be of a different make and/or model, or of equal or higher quality than the damaged equipment, at the sole discretion of BWJ.
  4. To sign the Certificate of Completion. Once the Installation Services are complete, You agree that You will sign a Certificate of Completion at Our request.
  5. Not to assign or transfer these Terms. You cannot assign or transfer Your rights under these Terms to anyone else.
  6. To promptly notify Us of any claim. If You have a claim that is in any way related to these Terms, You must make that claim to Us within 30 days of when You knew or should have known of a problem. We will attempt resolution of any claims within 60 calendar days of receiving Your notice.
  7. That You are responsible if You choose to help. YOU ASSUME THE RISK AND FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF ANY MATERIALS OR WITH PERFORMANCE OF INSTALLATION SERVICES.

11. Manufacturer Warranty for Materials

You are entitled to any warranty provided by a manufacturer of products sold and/or materials installed by Us under these Terms. We will provide You with any manufacturer consumer warranty information accompanying products that We purchased on Your behalf, and You may also obtain such information by contacting us. THE PRODUCTS WE OFFER ON OUR WEBSITE ARE WARRANTIED BY THEIR RESPECTIVE MANUFACTURERS. We do not warrant the products We sell or any other materials We install and expressly disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.

12. Our Limited Warranty for Installation Services

BWJ warrants that We will perform Installation Services in a good and workmanlike manner. Our warranty for Installation Services extends for a period of one (1) year from the earlier of (i) the date You sign the Certificate of Completion or (ii) the date that We determine that Installation Services have been completed, or for such greater period as required by applicable law governing consumer warranties for workmanship (the "Warranty Period"). Our warranty that We will perform Installation Services in a good and workmanlike manner does not cover, and We are not responsible for, any defect in such Installation Services due to (1) a Disqualifying Condition or any pre-existing physical or environmental hazard, (2) wind damage, (3) abuse, misuse, neglect, or improper cleaning, or (4) installation of Materials not acquired by BWJ, regardless of condition. Our warranty for Installation Services is in lieu of any other warranty, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose.

13. Limitation of Liability

For any claim related to these Terms, You can only seek recourse from Us; no affiliate of BWJ shall have any liability under these Terms. You must give Us written notice within the warranty period of any warranty claim. Your only remedy for a warranty claim is either:

  1. for BWJ to have the Installation Services performed again, including any necessary repair and replacement of materials, to correct the defective Installation Services, or
  2. a refund of all or part of the Price.

BWJ has absolute discretion to choose between these two options. You shall have no other remedy for a warranty claim, including without limitation remedy for loss or damage caused by normal wear and tear, loss or damage which has not been reasonably mitigated, or loss or damage caused by acts of nature. In no event shall BWJ be liable for indirect, punitive, consequential or incidental damages (such as, without limitation, lost profits, lost sales, cost associated with project delays, and injuries to persons or property), even where BWJ has been advised of the possibility of such damages. If, by law, such damages cannot be excluded, they are expressly limited in amount to the Price. For warranty claims, You agree to prepare the Premises and the work area in the manner described in the section titled "Customer Responsibilities".

14. Photo Release

By making an appointment for an on-Premise measurement, or by making a purchase from Our Website, You grant to BWJ, its representatives, and its employees the right to take and use photographs, videos, or other representations of the Premises before or after all work performed at the Premises related to these Terms ("Media"). BWJ irrevocably keeps all rights (including the copyright), title, and interest in the Media for use in all markets and media, worldwide, in perpetuity. BWJ can use the Media in any form for marketing and internal purposes.

15. Consent to Communication

You consent to BWJ and its authorized representatives and partners contacting You at Your provided email address and phone number regarding all matters related to these Terms. You understand that Your consent is required for delivery of purchased products and the performance of Installation Services.

16. Dispute Resolution

We resolve most questions and complaints informally. If You have a question or complaint, please contact Us by phone at (585) 576-1654, or by email at customercare@bwjstorm.com. You must provide Us with:

  1. Your full name and contact information
  2. A description of the issue
  3. A description of the desired resolution
  4. If applicable, Your legal counsel's name and contact information

You and BWJ will meet and confer, whether in person, or via teleconference or videoconference, in a good faith effort to informally resolve any claim. If You are represented by counsel, the counsel may participate in the informal dispute resolution conference, but is not required to do so. Either party may request a proceeding in small claims court as applicable, if the dispute cannot be resolved within 30 calendar days, unless an extension is mutually agreed upon by the parties. The statute of limitations will be tolled while Customer and BWJ engage in the informal dispute resolution process.

You and BWJ agree that if, and only if, a claim cannot be presented for resolution in small claims court shall the claim be brought to a higher court. Any legal action relating to these Terms shall be brought in small claims, state, or federal court having jurisdiction in the State of New York, U.S.A, and located in Monroe County, New York.

These Terms constitute the entire agreement between You and BWJ concerning Your Statute of Limitations. You agree that, without regard to any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

17. Governing Law and Severability

New York State law shall govern and guide the interpretation of these Terms. Should an arbitrator, court, or other interpreting entity determine that a provision of these Terms is contrary to an applicable law, such unlawful provision shall be ineffective without invalidating the other provisions, which shall remain in full force and effect.

18. Credit Card Transactions

If You use credit or obtain a loan to pay some or all of the Price, then the total cost of the transaction will depend on the terms of Your credit or loan and applicable law. Credit and loans often include interest charges, finance charges, or fees. You are subject to Your creditor's or Lender's Terms of Service. BWJ is not a party to Your cardholder agreement, financing agreement, or other lending agreement.

19. Notice of Liens

If BWJ or any BWJ agent who delivers products or performs Installation Services is not paid, they may have a claim against Your property under New York Lien Laws. Specifically, pursuant to N.Y. GBL subsection 771, any Contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to these Terms and who is not paid may have a valid legal claim against Your property known as a Mechanic's Lien. Any Mechanic's Lien filed against Your property may be discharged. Payment of the agreed-upon Price prior to the filing of a Mechanic's Lien may invalidate such a lien. The owner may contact an attorney to determine his rights to discharge a Mechanic's Lien.

20. Continuation

All of the terms, conditions, and provisions within sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, and 21 of these Terms shall survive termination and cancellation of these Terms.

21. Headings

The section headings, numberings, bold print, italics, and other textual formatting in these Terms are only here for the purpose of convenience and have no legal or contractual effect.

22. Insurance

BWJ has commercial general liability insurance, automobile liability insurance, and Worker's Compensation insurance as required by applicable statute, through insurers rated A/X or higher by A. M. Best and authorized to do business in the State of New York.

23. Questions or Concerns

Please contact Us regarding scheduling, or any concerns You have about these Terms, product purchasing, or Installation Services. You may contact Us by phone at (585) 576-1654, or by email at customercare@bwjstorm.com