Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship
Over 40 Years of Strength, Quality, Durability and Craftsmanship

504-733-1876

Warranties and contract terms

LIMITED 20 YEAR WARRANTY©

LABOR MATERIALS LEAKS

Products covered under this warranty include:

Delport 1’ W panel, Quad 16 Insulated panels, Quad 16 Non insulated panel, 2’ W panel

Your DEL-PORT cover, manufactured and installed by CJ Delery Enterprise, Inc. comes with 20 year warranty that is the best in the aluminum cover industry. This warranty is not transferable to new owners when the attached home or commercial facility is sold.

Our DEL-PORT warranty does not cover damage cause by; fire, hail, wind, lighting, falling objects, other acts of God, nor damage or leakage as a result of faulty or improper installation by another party other than CJ Delery Enterprise, Inc.

CJ Delery Enterprise, Inc. cannot warranty against deterioration caused by neglect, or failure to properly clean or maintain your DEL-PORT cover. In an event that a defect in materials and labor should occur we should be notified in writing to CJ Delery Enterprise, Inc. at 925 Sams Ave. New Orleans, La 70123. Do not dismantle or repair your cover until CJ Delery Enterprise, Inc. can make an onsite inspection of the cover. Warranty will become null and void upon any and all modifications made to the originally installed product by parties other than CJ Delery Enterprises, Inc.

If warrant replacement is necessary and the DEL-PORT product under warranty has been discontinued or is otherwise unavailable we reserve the right to substitute another DEL-PORT product of equal or greater value, quality and grade. ©

LIMITED 5 YEAR WARRANTY©

LABOR MATERIALS LEAKS

Products covered under this warranty include:

Quad 12 Non-Insulated flat, Economy System

Your DEL-PORT cover, manufactured and installed by CJ Delery Enterprise, Inc. comes with 5 year warranty that is the best in the aluminum cover industry. All labor-related problems such as leaks, screws, loosening or falling out etc., are also covered for a period of 5 years. This warranty is not transferable to new owners when the attached home or commercial facility is sold.

Our DEL-PORT warranty does not cover damage cause by; fire, hail, wind, lightning, falling objects, other acts of God, nor damage or leakage as a result of faulty or improper installation by another party other than CJ Delery Enterprise, Inc.

LIMITED 20 YEAR WARRANTY©

BAKED ENAMEL FINISH

The baked enamel finish on our DEL-PORT aluminum products are manufactured to the highest standards in the aluminum patio industry. The buyer has CJ Delery Enterprise, Inc.’s guaranty that the baked enamel finish will not crack, blister, chip, or peel 20 years from the date of purchase. Slight cracking and crazing may occur on roll formed or break angles of 90 degrees or more. This is considered normal and acceptable when forming pre-coated aluminum coil or sheets.

Our DEL-PORT products warranty does not cover damage caused by; faulty installation, fire, hail, wind, lightning, falling objects, or other acts of God, nor damage or leakage as a result of faulty or improper installation by another party other than CJ Delery Enterprise, Inc..

CJ Delery Enterprise, Inc. cannot warranty against deterioration caused by neglect, or failure to properly clean and maintain your DEL-PORT cover. (Refer to DEL-PORT cleaning instructions). In an event that a defect in materials and labor should occur we should be notified in writing to CJ Delery Enterprise, Inc. at 925 Sams Ave. New Orleans, La 70123. Do not dismantle or repair your cover until CJ Delery Enterprise, Inc. can make an onsite inspection of the cover. Warranty will become null and void upon any and all modifications made to the originally installed product by parties other than CJ Delery Enterprises, Inc.

Terms and Conditions of Agreement

THIS AGREEMENT (the “Agreement”) is made by and between CJ Delery Enterprises, Inc. (“Contractor”) and the Owner, collectively hereinafter referred to as the “Parties,” subject to the Proposal and the following agreed upon terms and conditions:

This Agreement confirms the contents regarding your purchase from Contractor, as more fully described in Proposal, dated ____________ (“Proposal”), which is incorporated herein by reference.

Scope of Contract: The Contractor will perform the work contracted for, subject to the tolerances, deviations and practices customary in the local building industry at the Owner’s property (“Site”), as described and acknowledged in the Proposal. The Work includes and is comprised of the Contractor’s duties to perform labor and services in relation to the completion of the project, including providing all necessary equipment, materials, and supplies in order to complete the Work, according to the attached Proposal. After the Proposal and Agreement are signed, Contractor will begin production on all necessary equipment, materials, and supplies in order to complete the Work, according to the attached Proposal. In the event that the Contractor is unable to obtain materials or equipment required by the Specifications above, the Contractor shall have the right to substitute said materials with materials of similar likeness and quality.
Time of Completion: The Work shall be completed within a reasonable time thereafter (the term of the contract, hereinafter the “Term”). The Contractor will commence as soon as is practical after the signing of this Agreement and all payments have been made to the satisfaction of the Contractor. The Contractor shall not liable in any manner for any delay caused by inclement weather, fire, casualty, disability, death, natural disaster, or acts of God; any shortage of labor, supplies, or materials; any acts of the Owner, its agents, or adjacent residents; any delay caused by carriers, governmental interference, act of public or private authorities, work stoppage, or labor strikes; any acts of terrorism or war; or any other act, cause, or omission beyond the immediate control of the Contractor. This list is merely illustrative of possible causes for delay and is not intended to be all inclusive. In such cases, Owner agrees to allow reasonable extensions of time.
The Contract Price: The Owner shall pay to the Contractor the Contract Sum as stated on the Proposal and incorporated herein, subject to any additions or deductions as provided in this Agreement. Any required down payment is due as of the signing of this Agreement, the balance to be paid in ONE portion(s) upon the Contractor’s providing of notice of completion of the Work, either by verbal communication, by letter, or by invoice to the Owner, by the end of the day, unless otherwise agreed upon in writing. Owner acknowledges that this Agreement is for a “lump-sum” and no reduction in pricing, rebates, or early return of equipment or other event which reduces the costs for Contractor of carrying out the Work shall adjust the Contract Price, unless otherwise agreed in writing pursuant to Section 6 of this Agreement.
Financing: The Owner shall be required to provide the Contractor with adequate assurance of its ability to perform its obligations under this Agreement to make payment of the full contract price. The Contractor may require, at any time during the Term, that the Owner provide a surety to this Agreement to ensure due payment upon completion of the Work. If Owner cannot provide financing documentation or other adequate assurances of ability to make payment to the Contractor within ten (10) days of the signing of this Agreement, the Contractor may, at its option, cancel its remaining obligations under this Agreement causing it to become thereafter null and void and retain the down payment submitted pursuant to paragraph three (3), as liquidated damages.
Supervision and Direction of Work: The Owner herein agrees that the direction and supervision of all the Work, including services performed by laborers, subcontractors, material providers, or otherwise, shall rest exclusively with the Contractor. Owner acknowledges and agrees that Contractor shall be entitled to utilize subcontractors and other skilled contract labor in order to complete any portion of the Work hereunder; however, Owner agrees that Contractor shall not be liable for any work performed by subcontractors and other skilled contract labor hired by Owner.
Changes or Alterations; Change Orders: No change to this Agreement, including all documents incorporated herein, shall be made without mutual agreement and a written change order signed by Contractor and Owner identifying the change, the cost of the change, and the effect on the time of completion. Contractor’s failure to preserve a Change Order in writing shall not affect Contractor’s right to obtain payment therefore.
Completion: The Owner shall receive notice of completion of the Work from the Contractor, either verbally, by letter or by invoice upon Contractor’s determination that the premises at the Site are satisfactory for its intended uses by the Owner and that the Work is 100% complete. Owner shall have forty eight (48) hours to provide a “punchlist” of incomplete or disputed items which need to be corrected before final payment. If Owner has outlined “punchlist” items, such items will not affect completion and final payment shall be due minus five (5%) percent to be held as retainage by the Owner for the value of the “punchlist” items as agreed upon in writing by the Contractor and the Owner.
Final Completion: The Owner shall receive notice of final completion of the Work from the Contractor upon Contractor’s determination that the entirety of the Work has been sufficiently completed. The Owner shall have seven (7) days from receipt of notice of completion to challenge final completion If no challenge has been brought by the Owner within seven (7) days the Owner accepts the Work as sufficiently finished and completed to the Owner’s satisfaction. Final payment shall constitute acceptance of the Work as sufficiently completed unless payment is made in protest of defects to a separate escrow account as agreed upon by the Parties.
Warranty: The Contractor warrants its work for a period of twelve (12) months beginning at the date of substantial completion as determined by Contractor. Contractor does not provide and specifically waives any implied warranty for fitness of a particular purpose unless that purpose has been made known to the Contractor and the Contractor agrees to provide a specific service in satisfaction of that purpose as approved in writing.
Late Charge and Interest on Delinquent Payments: Should the Owner fail to make payment as agreed herein, or fail to pay for any change, alteration or extra as provided herein, said delinquent payments or any unpaid portion thereof shall be subject to a daily late charge in the amount of one hundred no/100 ($100.00) dollars and interest calculated at the rate of ten (18%) per annum, calculated and compounded daily, until paid, and the Owner agrees to pay said late charge and interest to the Contractor or its assigns made in writing.
Stipulated Damages for Cancellation Prior to the Work: In the event that Owner cancels the Agreement prior to Contractor beginning the work and after Contractor has ordered all necessary equipment, materials, and supplies in order to complete the Work, according to the attached Proposal, the Owner shall be liable to the Contractor for stipulated damages in the amount of deposit as stated on the Proposal. In all other instances, the remaining provisions of this Agreement shall control.
Attorneys Fees: If the Contractor is required to hire an attorney to enforce this contract, or to represent itself in any capacity with any relation to this Contract, the Owner agrees to pay the Contractor’s attorneys fees and costs when the Contractor is a prevailing party.
Indemnification: To the fullest extent permitted by law, the Owner shall indemnify, defend and hold harmless the Contractor and its agents, subcontractors, members and employees, from and against any and all claims, damages, losses and expenses, including but not limited to claims related to attorneys fees, arising out of or related to the Work, including, but not limited to, any and all claims, damages, losses and expenses caused in whole or in part by negligent or wrongful acts or omissions of, or a breach of this Agreement by, the Contractor, any of its subcontractors, anyone employed by them and/or anyone whose acts they are legally responsible.
Termination by Contractor: In the event that (1) the Work is stopped by any authority for a period of twenty (20) days or more, (2) the Work is stopped through the act, omission, or neglect of the Owner for a period of ten (10) days or in response to an issue which requires the Owner’s response, (3) the Work is stopped by any Act of God, unforeseeable event, or latent and unavoidable issue, (4) Owner interferes with Contractor’s Work or creates circumstances which make the Contractor’s Work more expensive or more difficult to complete, OR (5) Owner fails to pay the Contractor any payment when due, then the Contractor may stop Work and/or terminate the Contract and recover from the Owner payment for all Work already executed, all amounts to be charged during the remainder of the Term, plus any loss sustained, including lost profits, damages, penalties and fees granted by this Agreement.
Termination by Owner: In order for the Owner to terminate the Contract for cause, the Owner must provide written notice to the Contractor. The Contractor is then allowed fourteen (14) days to cure the cause for which termination is sought. If the Contractor fails to do so, the Owner must provide a second written notice to Contractor, terminating the contract for cause. The Owner may terminate the Contract for cause if, and only if, the Contractor: a) fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; b) persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or c) substantial breach of a provision of the Contract Documents. When the Owner terminates the Contract for one of the reasons stated in Section 14, the Contractor shall be entitled to receive further payment for completed work.
Insurance: Contractor shall provide and pay for any and all coverage and insurance, required in writing, because of the performance of the Work. Owner may be billed for any costs associated with necessary insurance.
Notices: All notices required or permitted under this Agreement shall be in writing and personally delivered or mailed, by certified mail, return receipt requested and addressed to the addresses stated on the Proposal. Notice shall be deemed delivered at the earlier of (a) actual delivery; or (b) the refusal of any parcel by any party; or (c) the failure of any party to claim any parcel:
Notice of Lien Rights: The Owner of residential property located at the address shown on the Proposal acknowledges that Contractor has delivered this notice to me, the receipt of which is accepted, signifying my understanding that said Contractor is about to begin improving my residential property according to the terms and conditions of a contract, and that in accordance with the provisions of law in Part I of Chapter 2 of Code Title XXI of Title 9 of the Louisiana Revised Statutes of 1950, R.S. 9:4801, et seq.: Owner acknowledges: (1) A right to file a lien against my property and improvements is granted to every contractor, subcontractor, architect, engineer, surveyor, mechanic, cartman, truckman, workman, laborer, or furnisher of material for the improvement or repair of my property, for the payment in principal and interest of such work or labor performed, or the materials, machinery or fixtures furnished, and for the cost of recording such privilege; (2)That when a contract is unwritten and/or unrecorded, or a bond is not required or is insufficient or unrecorded, or the surety therefore is not proper or solvent, I, as owner, shall be liable to such subcontractors, materialmen, suppliers or laborers for any unpaid amounts due them pursuant to their timely filed claims to the same extent as is the herein-above designated contractor; (3)That the lien rights granted herein can be enforced against my property even though the contractor has been paid in full if said contractor has not paid the persons who furnished the labor or materials for the improvement; AND (4)That I may require a written contract, and a bond with sufficient surety to be furnished and recorded by the contractor in an amount sufficient to cover the cost of such improvements, thereby relieving me, as owner, and my property, of liability for any unpaid sums remaining due and owing after completion to subcontractors, journeymen, cartmen, workmen, laborers, mechanics, furnishers of material or any other person furnishing labor, skill, or material on the said work who record and serve their claims in accordance with the requirements of law.
General Provisions: In addition, the following general provisions will apply: (1) All work shall be completed in a workmanlike manner; (2) Contractor shall not be liable for any delay due to circumstances beyond its control; (3) Contractor is an independent contractor and not an employee of the Owner; (4) Any changes to this Agreement must be in writing signed by both Contractor and Owner; (5) Owner is responsible for all personal property at the Site, and Contractor will not be held liable for any personal property damaged, stolen, lost and/or otherwise affected during the Term, and Contractor reserves the right to charge a fair fee to move any objects obstructing the jobsite; (6) Contractor shall not be liable for any normal negligence which would traditionally be covered by a Builder’s Risk Policy and Contractor encourages Owner to have such a policy; (7) Contractor shall not be liable for damages caused to adjoining, adjacent, underground, or public properties, which are not principally caused by the actions of the Contractor or those which it has contracted and/or employed, and Owner is responsible for notifying Contractor of any underground utilities on Owner’s property; (8) This Agreement may be filed and recorded with the County in which the Work is to be completed; (9) The Contractor provides notice that Contractor may place a lien on the property for Owner’s failure to pay the Contractor, and Owner agrees that it shall be liable for any and all attorneys’ fees and filing costs of said lien.
Merger and Entire Agreement: This Agreement and any Exhibits, Schedules, Riders or otherwise attached hereto, set forth all the covenants, promises, agreements, conditions, and understandings between the Parties concerning the entirety of their Agreement and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon Contractor or Owner unless presented in writing and signed by them. Owner agrees that Contractor and its agents have made no representations or promises with respect to any agreement between the Parties except as herein expressly set forth.
Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, then that provision shall be fully severable and the other provisions shall remain in full force and effect.
Counterparts. This Agreement may be executed in counterparts, and each counterpart shall be deemed an original.
Assignment of Contract. Neither party to the Contract shall assign the Contract as a whole without written consent of the other.
No Waiver. Neither the waiver by either party of any breach of or default under any of the provisions of this Agreement, nor the failure of either party to enforce any of the provisions of this Agreement or to exercise any right hereunder, will hereafter be construed as a waiver of any subsequent breach or default, or a waiver of any rights or provision hereunder.