Kosin’s Glass, L.L.C.

222 West Grand River Avenue,

Howell, Michigan 48843

TERMS AND CONDITIONS TO

GLASS REPAIR/INSTALLATION AGREEMENT 

Kosin’s Glass, L.L.C., a Michigan limited liability company, and licensed Michigan Residential Builder, Company License Nos. 2102211669 and 2101221245 (the “Company”), and Customer agree, pursuant to the Glass Repair/Installation Agreement (the “Agreement”), that Company shall provide glass repair/installation services to Customer on the following terms and conditions: 

1. Effective Date of Service. 

The glass repair/installation services under the Agreement shall begin on the dated listed on the Agreement (the “Effective Date of Service”), and the term of the agreement shall be as provided under the Agreement.  The Agreement shall not be effective unless executed by a duly authorized representative of the Company and by a duly authorized representative of Customer. 

2. Controlling Document. 

The Agreement shall be, in all respects, the controlling document.  Any agreement previously provided will be superseded by the Agreement.  The Agreement may be modified or amended only by a writing appropriately identified as a modification or amendment hereof and duly executed by both parties.  If a purchase order or similar instrument is issued by Customer, such instrument shall be considered to be for Customer’s use only and any provisions contained therein shall be inapplicable as the Agreement is the controlling document defining terms and conditions for glass repair/installation services. 

3. Term of Agreement:  Termination. 

The Agreement shall begin on the Effective Date of Service and shall continue for the term listed under the Agreement.  Thereafter, the Agreement will remain in effect until terminated.  Effective at any time after the initial term, Company may terminate the Agreement on prior written notice to the Customer. 

4. Warranty. 

To seek remedy under any Kosin’s Glass, L.L.C. warranty, the customer must contact Company and make arrangements for Company to inspect and repair the defect within thirty (30) days.  Our warranties do not cover additional damages resulting from a defect in product or labor if those damages could have been prevented by reasonable action from the customer.  All warranty work must be performed by Company or a service provider designated by Company.  Costs and charges from repairs by a non-designated service provider will not be reimbursed.

5. Limitation of Liability. 

COMPANY SHALL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE SERVICE HEREUNDER: (i) AT LOCATIONS DEEMED HAZARDOUS TO THE HEALTH OR SAFETY OF COMPANY’S EMPLOYEES OR REPRESENTATIVES OR (ii) WHERE SUCH FAILURE RESULTS FROM CAUSES BEYOND THE REASONABLE CONTROL OF COMPANY, INCLUDING BUT NOT LIMITED TO, ACTION OR INACTION OF THE CUSTOMER, ACTS OF GOD, ACTS OF GOVERNMENT, STRIKES OR LABOR DISPUTES (OTHER THAN BY COMPANY’S OWN EMPLOYEES), FAILURE OF TRANSPORTATION, FIRE, FLOOD OR OTHER CASUALTY, AND FAILURE OF SUBCONTRACTORS OR SUPPLIERS.  NO RECOVERY OF ANY KIND AGAINST COMPANY OR ITS AGENTS FOR BREACH OF THE AGREEMENT SHALL BE GREATER IN AMOUNT THAN THE COST OF SERVICES RENDERED AND/OR MATERIAL PROVIDED.  COMPANY OR ITS AGENTS SHALL HAVE NO LIABILITY UNDER THE AGREEMENT FOR DAMAGES ARISING FROM MANUFACTURING, DESIGN OR INSTALLATION DEFECTS OF EQUIPMENT SERVICES, OR UNAUTHORIZED USE OF CUSTOMER’S SYSTEM AND/OR MATERIAL BY PERSONS OTHER THAN EMPLOYEES OF COMPANY OR ITS AGENTS.  COMPANY IS FULLY LICENSED AND INSURED AND IS A MEMBER OF THE BETTER BUSINESS BUREAU.  COMPANY IS NOT RESPONSIBLE FOR DAMAGE TO SYSTEMS THAT ARE NOT CLEARLY MARKED BY CUSTOMER PRIOR TO CONSTRUCTION. MATERIALS AND DESIGN ARE CUSTOMER’S CHOICE.  COMPANY IS NOT RESPONSIBLE FOR DEFECTS IN MATERIALS BY THE MANUFACTURER. COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO LANDSCAPING OR WINDOW TREATMENTS.  IT IS CUSTOMER’S RESPONSIBILITY TO REMOVE THESE ITEMS PRIOR TO CONSTRUCTION. COMPANY DOES NOT GUARANTEE THE COLOR MATCH ON TINTED WINDOWS.  COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED DURING AUTO GLASS INSTALLATION/REPLACEMENT. 

6. Indemnification. 

The Customer will indemnify and hold Company harmless from any damages, costs or expenses finally awarded against customer based upon a claim for personal injury, death or property damage caused by the negligence or willful misconduct of the customer in the performance of the Agreement and not caused by the negligence or willful misconduct of Company, its agents or invitees. 

7. Force Majeure, Customer Changes and Delays. 

Any performance by the Company hereunder shall be subject to delays caused by an Act of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel or power, governmental laws, regulations or orders, acts or inaction of the Customer, or any other cause beyond the reasonable control of the Company.  In the event of any delay, the date(s) set forth herein and the times for performance will be extended accordingly for additional period(s) of time to cover such period(s) of delay.  Changes to the Materials and/or contracted services by the Customer, if received and accepted by the Company sufficiently in advance, will be implemented by the Company’s best efforts; however, delay may result and Customer agrees to pay any resulting added charges.  Cumulative delays requested by Customer of more than twenty (20) days will result in increased associated labor and material costs, plus increases instituted by the Company applicable to all customers and any applicable material shortages.

8. Assignment. 

Neither the Agreement nor the obligations arising hereunder may be assigned by Customer or Company without the prior written consent of the other party.  Any prohibited assignment shall be null and void.

9. Notices. 

Any notice to Company hereunder shall be sent via registered mail to:  Kosin’s Glass, L.L.C., 222 West Grand River Avenue, Howell, Michigan 48843.  Any notice to Customer hereunder shall be sent via registered mail to the address listed on the Glass Repair/Installation Agreement.

10. Arbitration. 

Any dispute under this Agreement shall be submitted to final, exclusive and binding arbitration.  The hearings shall be conducted in accordance with the expedited commercial arbitration rules of the American Arbitration Association then in effect in Livingston County, Michigan.  The arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitral) and all matters of procedure relating to the arbitration.   The arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.  The arbitration shall take place in Livingston County, Michigan at such place and time as the arbitrator may fix.  No later than twenty (20) business days after hearing the representations and evidence of the parties to the arbitration, the arbitrator shall make his or her determination in writing and deliver one copy to each of the parties.  The decision of the arbitrator shall be well-reasoned, in writing and final and binding upon the parties to the arbitration in respect of all matters relating to the arbitration, the procedure, the conduct of the parties during the proceedings and the final determination of the issues in the arbitration.  There shall be no appeal from the determination of the arbitrator to any court.  Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction.  Judgment upon the decision or award reached by the arbitrator may be entered and specifically enforced in any court having jurisdiction thereof.  The Costs of any arbitration shall be borne by the parties to the arbitration in the manner specified by the arbitrator in his or her determination.

11. General. 

The Agreement, as it may be amended from time to time, shall be governed by and construed in accordance with the substantive and procedural laws of the State of Michigan without giving effect to the principles of conflict of laws.  Jurisdiction and venue shall be appropriate in the 53rd District Court of Howell, Michigan, or the Circuit Court of Livingston County, Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division.  Failure of either party to enforce any right(s) hereunder shall not constitute a waiver of such right(s).  Company 

reserves the right to charge interest on overdue accounts at the rate of eighteen (18%) percent per annum or the maximum lawful rate, whichever is lower.  Customer agrees that in the event Company takes any action for collection or otherwise to enforce or protect its rights or interests, herein, Customer shall be responsible for any and all costs associated with such collection or action, including, but not limited to, court costs and reasonable attorney’s fees, plus interest at the highest rate of interest allowable by the law from and after the due date on the invoice.  The Agreement cancels and supersedes any prior Agreement for construction covered hereunder.

12. Entire Agreement. 

CUSTOMER, HAVING CAREFULLY READ ALL OF THE PROVISIONS OF THE AGREEMENT, ACKNOWLEDGES RECEIPT OF A COPY OF THE AGREEMENT, AND ALL APPLICABLE TERMS AND CONDITIONS (found at www.kosinsglass.com) WHICH TOGETHER ARE THE FINAL EXPRESSION OF THE AGREEMENT OF THE PARTIES RELATED TO THE SUBJECT MATTER HEREOF, AND THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AGREED UPON.  ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BEING MERGED HEREIN, AND THAT THERE ARE NO REPRESENTATIONS, WARRANTIES OR STIPULATIONS, EITHER ORAL OR WRITTEN, NOT HEREIN CONTAINED.