Terms and Conditions of Sale
Aery Building Envelope, LLC
Last Updated: January 24, 2026
These Terms and Conditions (“Terms”) govern the sale of construction-related products (“Products”) by Aery Building Envelope, LLC, a New York limited liability company (“Aery,” “Seller,” “we,” “us,” or “our”), to the purchaser (“Buyer,” “you,” or “your”). By placing an order or purchasing Products, Buyer agrees to be bound by these Terms.
1. Orders & Acceptance
1.1 All orders are subject to acceptance by Seller.
1.2 Seller reserves the right to reject or cancel any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud.
1.3 Once accepted, orders may not be canceled or modified without Seller’s prior written consent.
2. Pricing & Payment
2.1 All prices are stated in U.S. Dollars and exclude applicable taxes, shipping, handling, and delivery charges unless expressly stated otherwise.
2.2 Buyer is responsible for all applicable federal, state, and local taxes, including New York sales tax, unless Buyer provides a valid exemption certificate.
2.3 Payment is due in full prior to shipment unless otherwise agreed to in writing.
2.4 Past-due balances may accrue interest at the rate of 1.5% per month (or the maximum rate permitted under New York law), whichever is less.
3. Shipping, Delivery & Risk of Loss
3.1 Delivery dates are estimates only and are not guaranteed.
3.2 Title to and risk of loss for Products pass to Buyer upon delivery to the carrier or upon pickup by Buyer, whichever occurs first.
3.3 Buyer must inspect all Products upon receipt and notify Seller in writing of any shortages or visible damage within 48 hours of delivery.
4. Product Use, Installation & Compliance
4.1 Buyer is solely responsible for determining the suitability of the Products for their intended application.
4.2 Products must be installed strictly in accordance with Seller’s instructions, applicable building codes, manufacturer guidelines, and industry standards.
4.3 Buyer is responsible for compliance with all applicable federal, state, and local laws, including New York State and New York City building codes where applicable.
4.4 Seller shall not be liable for damages arising from improper installation, misuse, alteration, or failure to follow installation or safety instructions.
5. Limited Warranty
5.1 Seller warrants that Products shall be free from material defects in workmanship under normal and proper use for a period of one year from the date of purchase.
5.2 This warranty does not apply to:
5.3 Seller’s sole obligation and Buyer’s exclusive remedy under this warranty is, at Seller’s option, repair or replacement of the defective Product.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY NEW YORK LAW.
6. Returns & Refunds
6.1 Returns require prior written authorization from Seller and must be requested within 30 days of delivery.
6.2 Products must be unused, uninstalled, and returned in original packaging and resaleable condition.
6.3 A restocking fee of [insert percentage, if applicable] may apply.
6.4 Custom, special-order, or made-to-order Products are non-returnable and non-refundable.
7. Limitation of Liability
7.1 To the fullest extent permitted under New York law, Seller shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, or project delays.
7.2 Seller’s total liability for any claim arising out of or relating to the Products shall not exceed the purchase price paid for the specific Product giving rise to the claim.
8. Indemnification
Buyer agrees to indemnify, defend, and hold harmless Seller, its members, managers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
9. Intellectual Property
All trademarks, logos, product designs, technical data, and documentation are the exclusive property of Aery Building Envelope, LLC and may not be used, reproduced, or distributed without prior written consent.
10. Force Majeure
Seller shall not be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, labor disputes, supply chain disruptions, governmental actions, or transportation delays.
11. Governing Law & Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Any legal action arising out of these Terms or the sale of Products shall be brought exclusively in the state or federal courts located within the State of New York.
12. Amendments
Seller reserves the right to amend these Terms at any time. The version in effect at the time Buyer places an order shall govern that transaction.
13. Contact Information
Aery Building Envelope, LLC
1926 Genesee St
Ste 1 #683
Utica, NY 13501
Copyright © 2026 Aery Building Envelope, LLC - A Woman-Owned Business. All Rights Reserved.
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