Terms & Conditions

These Terms and Conditions (“Terms”) apply to all proposals, quotes, estimates, work orders, invoices, change orders, and services provided by Mercury Glass Co. LLC, an Arizona licensed glazing contractor (“Mercury,” “we,” “us,” or “our”). By signing or accepting a proposal, approving work, making payment, or allowing Mercury to begin work, the customer (“Customer,” “you,” or “your”) agrees to these Terms.

1. Contract Documents; Required Project Information

The “Agreement” between you and Mercury consists of: (a) Mercury’s written proposal, quote, work order, invoice, approved change orders, and any express modifications or special terms stated in those documents; and (b) these Terms.

As required by law, we are required to notify you that the property owner has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of A.R.S. § 32-1154.

2. Scope of Work

Mercury will provide only the glass, glazing materials, hardware, fabrication, installation labor, and related glazing services expressly described in Mercury’s written scope of work (the “Work”). Anything not expressly included is excluded.

Mercury does not provide structural engineering, architectural design, framing, blocking or backing except to the extent expressly included within Mercury’s written scope of work, substrate construction or preparation, waterproofing outside Mercury’s glass and glazing scope, tile work, stone work, millwork, electrical work, plumbing work, remediation, or correction of existing or defective conditions. You are responsible for retaining properly licensed professionals or trades for those services where needed.

Unless expressly included in Mercury’s written scope, the Work also does not include patching, painting, demolition, permits, inspections, HOA approvals, design approvals, protection of adjacent finishes beyond the exercise of reasonable care during performance of the Work, or work by other trades.

3. Quotes, Drawings, Measurements, and Site Conditions

Quotes are based on the information available when the quote is prepared, including drawings, plans, stated dimensions, photographs, specifications, site information, site observations, and information provided by you or your representatives.

If a quote is based on drawings, plans, stated dimensions, photographs, preliminary site conditions, or measurements taken before openings, tile, stone, finishes, waterproofing, fixtures, or other surrounding materials are fully completed, the quote is based on those materials and conditions only. Actual field conditions may differ.

Changes or differences in openings, outages, dimensions, wall conditions, floor slope, out-of-square conditions, framing, blocking, tile, stone, waterproofing, fixture locations, or other site conditions may require changes to the Work and may result in additional charges.

Glass and glazing materials cannot correct or compensate for all non-standard, defective, out-of-square, out-of-plumb, uneven, sloped, or otherwise unsuitable openings or surrounding conditions. Mercury will use reasonable efforts to accommodate such conditions within its glass and glazing scope, but Mercury does not guarantee that glass, hardware, or installation adjustments will fully conceal, correct, or otherwise overcome those conditions.

Final fabrication may require field measurements. If conditions change after measurement, or if actual conditions differ from the information used for the quote, you are responsible for resulting costs, including redesign, refabrication, additional materials, additional labor, delay, remobilization, and reinstallation.

4. Site Readiness; Surrounding Materials

You are responsible for ensuring that openings, walls, floors, ceilings, tile, stone, framing, blocking, curbs, shower pans, waterproofing, fixtures, and other surrounding or supporting materials are properly constructed, structurally sound, plumb, level, square, waterproofed where applicable, and ready to receive glass and related hardware.

Mercury is not responsible for the condition, performance, movement, cracking, loosening, delamination, leakage, deterioration, or failure of any material, fixture, substrate, or improvement that Mercury did not furnish and install. This includes tile, stone, slabs, waterproofing, curbs, walls, floors, ceilings, framing, blocking, anchors, cabinets, countertops, tubs, shower pans, plumbing fixtures, customer-provided hardware, customer-provided glass, and adjacent finishes.

If Mercury drills, anchors, fastens, rests glass on, or otherwise interfaces with existing or customer-provided materials, Mercury is not responsible for damage, cracking, leakage, movement, or failure arising from the condition, composition, installation, or inadequacy of those materials, except to the extent caused by Mercury’s failure to perform the Work in a workmanlike manner.

5. Approvals; Custom and Art Glass

You are responsible for reviewing and approving layouts, shop drawings, sketches, finish selections, hardware selections, glass types, patterns, colors, samples, sandblast designs, stained-glass designs, and other submittals. Mercury may rely on your approval. Changes after approval may result in additional charges and schedule changes.

Custom glass, stained glass, sandblasted glass, patterned glass, textured glass, laminated glass, specialty coatings, antique or restoration glass, hand-fabricated components, and bespoke art-glass work may vary in color, texture, opacity, reflectivity, pattern, bubbles, seeds, inclusions, solder lines, came lines, blast depth, edge appearance, and other aesthetic characteristics.

Samples, photographs, renderings, and digital images are for general reference unless Mercury expressly agrees otherwise in writing. Normal variation in custom, handmade, specialty, or supplier-fabricated materials is not a defect.

6. Change Orders and Extra Work

Any work, materials, fabrication, labor, remobilization, redesign, refabrication, delay-related work, or other cost not included in Mercury’s written scope of work is “Extra Work.” Extra Work includes changes caused by site conditions, design revisions, customer requests, material availability, code or inspection comments, inaccurate or incomplete information, changes to actual openings or dimensions, or work by others.

Mercury may require written approval and payment before performing Extra Work. Extra Work performed on a time-and-materials basis will be charged at Mercury’s then-current rates for labor, materials, equipment, travel, mobilization, fabrication, disposal, and related costs, plus applicable taxes and fees.

7. Schedule and Delays

Any schedule, completion date, or lead time is an estimate unless Mercury expressly agrees in writing to a fixed completion date. Schedules may be affected by site readiness, access, measurements, approvals, material availability, fabrication, suppliers, shipping, other trades, weather, permits, inspections, and change orders.

Mercury is not responsible for delay damages, lost profits, loss of use, financing costs, rent, business interruption, or other consequential losses arising from delay.

8. Payment

Payment terms are as stated in the applicable proposal, quote, invoice, or work order. Unless otherwise stated, deposits are due before materials are ordered or work begins, progress payments are due as invoiced, and final payment is due upon completion of Mercury’s Work.

Custom, specialty, ordered, cut, or fabricated materials are non-cancellable and non-refundable once ordered, cut, fabricated, or placed into production, except to the extent cancellation rights cannot be waived under applicable law.

Mercury may suspend work, delay ordering, withhold delivery, or stop performance if payment is not timely received.

Past-due amounts accrue interest at 1.5% per month, or the maximum rate allowed by law, whichever is less. You are responsible for all costs incurred by Mercury in collecting past-due amounts, including reasonable attorneys’ fees, court costs, lien costs, bond-claim costs, collection agency fees, expert fees, and other collection expenses, to the extent permitted by law.

9. Materials and Supplier Warranties

Mercury sells glass, hardware, and related materials that may be manufactured, fabricated, supplied, or distributed by Mercury or by third parties. Mercury may fabricate certain products and components, but many materials and products incorporated into the Work are manufactured, fabricated, supplied, or distributed by third parties.

To the extent a manufacturer, fabricator, supplier, or distributor provides a warranty for glass, hardware, coatings, films, sealants, or other materials supplied by Mercury, Mercury will pass through that warranty to you or reasonably assist you in pursuing warranty coverage, to the extent available.

Mercury does not provide any independent material warranty beyond warranties that cannot be disclaimed under applicable law and warranties expressly stated in Mercury’s written proposal.

10. Limited Workmanship Warranty

Mercury provides a one-year limited warranty, beginning on the date Mercury completes its Work, that Mercury’s installation workmanship will be free from material defects caused by Mercury’s failure to perform the Work in a workmanlike manner.

Mercury’s obligation under this limited warranty is limited to repairing or replacing the defective portion of Mercury’s workmanship, at Mercury’s option. You must notify Mercury in writing within the warranty period and give Mercury a reasonable opportunity to inspect and cure the claimed defect before you perform or authorize corrective work by others.

This limited warranty does not cover damage, defects, breakage, cracking, leakage, or failure caused by conditions outside Mercury’s workmanship, including impact, misuse, abuse, cleaning damage, chemical damage, lack of maintenance, normal wear and tear, building movement, settlement, work altered or repaired by others, movement or failure of surrounding materials, leaks caused by tile, waterproofing, pans, curbs, walls, floors, ceilings, or other non-Mercury work, customer-provided materials, existing conditions, other trades, or materials not furnished and installed by Mercury.

Glass breakage, cracking, or failure may result from many causes, including material defects, manufacturing or fabrication defects, impact, building movement, thermal stress, improper support by surrounding materials, post-installation damage, or other causes. Mercury is responsible for glass breakage, cracking, or failure only to the extent caused by Mercury’s failure to perform the Work in a workmanlike manner, except to the extent a manufacturer, fabricator, supplier, or distributor warranty applies or applicable law requires otherwise.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, MERCURY DISCLAIMS ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

11. Protection of Work and Damage by Others

You are responsible for protecting delivered materials, installed work, and surrounding areas from damage by occupants, guests, other contractors, other trades, cleaners, movers, pets, weather, vandalism, misuse, or other causes outside Mercury’s control.

After delivery or installation, you bear the risk of loss or damage to delivered materials and installed work, except to the extent caused by Mercury’s failure to perform the Work in a workmanlike manner.

12. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold Mercury harmless from claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, to the extent arising out of or relating to: (a) inaccurate information provided to Mercury; (b) customer-selected designs or materials; (c) existing site conditions; (d) customer-provided or surrounding materials; (e) work performed by other contractors or trades; (f) site conditions outside Mercury’s control; (g) your breach of these Terms or the Agreement; or (h) damage or injury caused by you, occupants, guests, other contractors, or other trades.

This indemnity does not apply to claims, damages, losses, liabilities, or expenses to the extent caused by Mercury’s negligence, willful misconduct, or failure to perform the Work in a workmanlike manner, and shall be enforced only to the extent permitted by Arizona law.

13. Limitation of Liability

To the maximum extent permitted by law, Mercury is not liable for indirect, incidental, special, consequential, exemplary, punitive, delay-related, or loss-of-use damages, including lost profits, lost revenue, business interruption, diminution in value, financing costs, rent, or substitute lodging costs.

Mercury’s total liability arising out of or relating to the Work, the Agreement, or these Terms will not exceed the amount actually paid to Mercury for the specific Work giving rise to the claim, except to the extent such limitation is prohibited by law.

14. Liens, Notices, and Payment Rights

Mercury reserves all lien, bond, payment, collection, and other rights and remedies available under Arizona law.

Arizona law may require Mercury or others furnishing labor or materials to provide a preliminary twenty-day notice to preserve lien rights. That notice is not a lien and is not a reflection on the integrity of any contractor or subcontractor.

You agree to provide, upon request, information reasonably necessary for Mercury to preserve and enforce payment rights, including owner information, property information, lender information, general contractor information, and payment bond information.

Any lien waiver or release is effective only to the extent expressly stated in a written waiver signed by Mercury and, where applicable, only to the extent payment has actually been received and cleared.

15. Cancellation

Except to the extent a non-waivable statutory cancellation right applies, you may not cancel the Work after Mercury has ordered materials, commenced fabrication, cut materials, begun production, scheduled installation, or otherwise incurred costs in reliance on your authorization to proceed. Custom, specialty, ordered, fabricated, cut-to-size, or non-stock materials are non-cancellable and non-refundable once ordered, cut, fabricated, or placed into production.

If Mercury agrees in writing to a cancellation after authorization to proceed but before completion of the Work, you remain responsible for all costs incurred by Mercury through the date of cancellation, including materials, fabrication, labor, design, mobilization, shipping, storage, restocking charges, supplier cancellation charges, overhead, and other costs reasonably incurred in connection with the Work.

If a transaction is subject to a non-waivable statutory cancellation right, including any applicable Arizona home-solicitation cancellation right, that statutory right applies notwithstanding anything in these Terms.

16. Notice and Opportunity to Cure

Before asserting any claim relating to Mercury’s Work, you must give Mercury written notice describing the issue in reasonable detail and provide Mercury a reasonable opportunity to inspect and, if appropriate, repair or replace the claimed defective Work.

For any claim subject to Arizona’s purchaser dwelling notice-and-repair statutes, including A.R.S. § 12-1363, the statutory notice and repair procedures apply.

17. Customer Terms; Conflicting Documents

“Customer Terms” means any terms, conditions, purchase order provisions, work authorization terms, website terms, bid terms, project manual terms, general contractor terms, subcontract terms, owner terms, portal terms, or other terms proposed or required by Customer or by anyone acting for or through Customer.

Mercury rejects all Customer Terms unless Mercury expressly accepts those Customer Terms in a written document signed by Mercury that specifically identifies the accepted Customer Terms, makes reference to these Terms, and states that Mercury is agreeing to be bound by the accepted Customer Terms. Mercury’s performance of Work, delivery of materials, issuance of invoices, acceptance of payment, reference to a purchase order number, or submission of documents through a customer or contractor portal does not constitute acceptance of Customer Terms.

If the Agreement conflicts with any Customer Terms, the Agreement controls. If documents within the Agreement conflict, the following order of precedence applies unless otherwise stated in a signed writing: (i) signed change orders; (ii) express modifications or special terms stated on the face of Mercury’s proposal or quote; (iii) Mercury’s proposal or quote; (iv) these Terms; (v) approved shop drawings or submittals; and (vi) other project documents.

18. Governing Law; Venue; Attorneys’ Fees

These Terms, the Agreement and the Work are governed by the laws of the State of Arizona law, without regard to conflict-of-law principles.

Any action or proceeding arising out of or relating to the Work, the Agreement, or these Terms must be brought in the state or federal courts located in Maricopa County, Arizona, except where exclusive jurisdiction or venue is required by applicable law and cannot be waived. You and Mercury consent to personal jurisdiction and venue in those courts.

The prevailing party in any dispute, collection action, lien action, bond claim, arbitration, litigation, or other proceeding arising out of or relating to the Work, the Agreement, or these Terms is entitled to recover reasonable attorneys’ fees, expert fees, court costs, arbitration costs, lien costs, and collection costs, to the extent permitted by law.

19. General Terms

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions remain in effect, and the affected provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent as closely as possible.

These Terms, together with Mercury’s written proposal, quote, invoice, work order, and approved change orders, constitute the parties’ agreement regarding the Work. No oral statement, course of dealing, or informal communication modifies these Terms. Any modification must be in writing and signed by Mercury.

Mercury’s failure to enforce any provision of these Terms or the Agreement is not a waiver of that provision or any other provision. Any waiver by Mercury must be in writing and applies only to the specific instance and provision expressly waived.

You may accept these Terms by signature, electronic signature, written authorization, email approval, payment, or permitting Mercury to begin the Work. Electronic acceptance has the same effect as an original signature.