a) Customer has the right to cancel this agreement and work order within 3 business days of date agreement was signed as long as it was requested before installation date, or work has begun on site., without any financial consequences and/or costs to customer (all cancellation requests must be made in writing with customer’s signature). Customer is fully aware that requesting a special order (custom made doors), unique request or items not in stock, etc.) from American Best Garage Doors LLC will constitute a full waiver of customer cancellation right and the customer will be financially liable for all work performed as per this agreement. b) Restocking fee. In case of customer cancellation of this agreement/work order after 3 business days of date agreement was signed and before the installation date, a restocking fee of 25% from the total job will be applied against customer’s deposit. Remaining deposit will be immediately refunded to the customer.
2. Dates and Prices.
a) All installation commencement dates indicated on the face hereof are approximate and subject to American Best Garage Doors LLC availability schedule, American Best Garage Doors LLC will make reasonable efforts to meet the date(s) quoted. However, American Best Garage Doors LLC will not be liable for its failure to meet the quoted dates or for any delay in performance hereunder due to unforeseen circumstances or shortages, due to causes beyond its control, or due to its voluntary or mandatory compliance with any governmental act, regulation, or request. If, by reason of such circumstances, American Best Garage Doors LLC supplies of the equipment or service (hereinafter the Product(s) covered hereby) are limited, American Best Garage Doors LLC shall have the right to allocate the available supply among its customers in such manner as it, in its sole discretion, determines appropriate. b) Should Customer requests a change in the estimated installation or completion dates or otherwise cause a delay in delivery or request that the Products be shipped to a location other than the location of original delivery or request any work other than as provided hereunder, the prices established by hereunder shall no longer apply.
Customer agrees to review and to authorize in writing all designs, Products and installation instructions prior to the start of any work hereunder. American Best Garage Doors LLC assumes no obligation and shall have no liability with respect to work carried out by American Best Garage Doors LLC in accordance with the terms of such designs, Products or instructions.
Customer shall inspect the work completed by American Best Garage Doors LLC hereunder immediately upon receipt of notice from American Best Garage Doors LLC that the order is complete, and shall, within three (3) business days after receipt, give written notice to American Best Garage Doors LLC of any claim for work that does not conform with the terms of this contract. If Customer shall fail to give such notice, the work shall be deemed accepted and to conform to the terms of the contract of sale, and Customer shall be bound to pay for the work in accordance with the terms hereof American Best Garage Doors LLC will cline
5. Payment and Credit Terms.
Upon Customer’s execution of this contract and order, Customer shall pay to American Best Garage Doors LLC 30% of the contract price indicated on the face hereof, unless otherwise indicated on the face hereof, Customer agrees to remit payment in full of the balance due hereunder upon the completion of the installation services indicated on the face hereof. No cash discounts will be granted, no request will be granted after completion. Customer hereby waives his/her rights to any refunds, “No Exchange, No Refunds”. Account balances not paid in accordance with these terms are subject to the maximum prevailing legal interest rate calculated from the date of delinquency. In the event American Best Garage Doors LLC finds it necessary to refer an account to an attorney or an agent for collection of delinquent accounts, Customer shall pay all costs of collection including, without limitation, reasonable attorney’s fees and court fees, Customer agrees that American Best Garage Doors LLC shall retain a security interest in the Products sold hereunder to secure any portion of the price not paid on delivery and will, on request, execute a security agreement in such form as is required by American Best Garage Doors LLC , which, at American Best Garage Doors LLC option, may be filed with appropriate local, state, or other relevant authorities. Should Customer become delinquent in the payment of any sum due hereunder, or if Customer becomes insolvent, or if any proceedings are commenced under any bankruptcy or similar laws for Customer’s reorganization or other debt adjustment, American Best Garage Doors LLC will not be obligated to continue performance. American Best Garage Doors LLC reserves the right to change the credit terms provided herein when, in American Best Garage Doors LLC opinion, the financial condition or previous payment record of Customer so warrants. If, within thirty (30) days of receipt of written notice of such change, Customer fails to agree and comply with different terms of credit, and/or fails to give adequate assurance of due performance, American Best Garage Doors LLC may, by notice to Customer, treat such failure or refusal as a repudiation by Customer of the portion of the purchase order not then fully performed, whereupon American Best Garage Doors LLC may remove from Customer’s premises all equipment installed by American Best Garage Doors LLC hereunder.
Installation services and labor are not included in the purchase price of the Products sold in the shop. For Products requiring installation by American Best Garage Doors LLC service personnel, it is the responsibility of Customer to prepare the site environmentally and provide the required services, power, water, drain, air, bottled gases, permits, licenses, approvals, etc. Failure to do so, prior to American Best Garage Doors LLC service personnel arriving at Customer’s site on the mutually agreed upon an installation date, will result in a service charge by American Best Garage Doors LLC to cover the lost time of its service personnel. Because ABC Garage Repair’s service personnel will be required to enter upon Customer’s premises, Customer hereby undertakes to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety, and hereby accepts full responsibility for any harm or injury to, or liability arising from work performed by, American Best Garage Doors LLC personnel while on Customer’s premises, except to the extent caused solely by the gross negligence or willful misconduct of American Best Garage Doors LLC personnel.
7. Limited Warranty
a) Warranty. i) American Best Garage Doors LLC warrants to Customer that the Products sold to Customer are, at the time of shipment to Customer from American Best Garage Doors LLC, free from defects in materials and workmanship. ii) With respect to claims for workmanship, this warranty shall be valid for a period of 12 months from the date of installation. Notwithstanding anything to the contrary contained herein, the warranty period for equipment installed by American Best Garage Doors LLC, including Garage doors, Garage Doors opener’s mechanical and electronic interfaces, and all similar devices, is in all cases limited to the warranty provided by the relevant manufacturer. iii) The warranty herein applies only to Customer as to the original purchaser from American Best Garage Doors LLC and may not be assigned, sold or otherwise transferred to any third party. iv) As Customer’s sole and exclusive remedy under this warranty, American Best Garage Doors LLC agrees either to repair or replace, at American Best Garage Doors LLC sole option, any part or parts of such material which, under proper and normal conditions of use, proves to be defective within the applicable warranty period. Alternatively, American Best Garage Doors LLC may at any time, in its sole discretion, elect to discharge its warranty obligation hereunder by accepting the return of any defective Product pursuant to the terms set forth herein and refunding the purchase price paid by Customer. v) This warranty does not cover loss, damage, or defects resulting from improper or inadequate maintenance by Customer, Customer-supplied materials, unauthorized modification or misuse, operation outside of the environmental specifications for materials or improper site preparation or maintenance, repair’s performed by American Best Garage Doors LLC technicians on existing garage doors or garage door openers not purchased from ABC garage Repair. vi) No warranty is made with respect to the use, reconstructed, refurbished or previously owned materials, which will be so marked on the face hereof and, unless otherwise indicated on the face hereof, shall be sold, “As Is”.
American Best Garage Doors LLC MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, American Best Garage Doors LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS, American Best Garage Doors LLC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS CUSTOMER’S ACCEPTANCE OF ANY QUOTATION IS EX- PRESSLY SUBJECT TO CUSTOMER’S ASSENT TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH IN American Best Garage Doors LLC QUOTATION, AND CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE CONCLUSIVELY PRESUMED FROM CUSTOMER’S SUBMISSION OF ITS PURCHASE ORDER. NO ADDITION TO OR MODIFICATION OF SAID TERMS AND CON- DITIONS SHALL BE BINDING UPON American Best Garage Doors LLC UNLESS SPECIFICALLY AGREED TO BY American Best Garage Doors LLC IN WRITING. IF CUSTOMER’S PURCHASE ORDER OR OTHER CORRESPON- DENCE CONTAINS TERMS OR CONDITIONS CONTRARY TO OR IN ADDITION TO THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN American Best Garage Doors LLC QUOTATION, ACCEPTANCE OF ANY ORDER BY UGS SHALL NOT BE CONSTRUED AS ASSENT TO SUCH CONTRARY OR ADDITIONAL TERMS AND CONDITIONS OR CONSTITUTE A WAIVER BY American Best Garage Doors LLC OF ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN American Best Garage Doors LLC QUOTATION. American Best Garage Doors LLC ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS. NO MODIFICATION OR WAIVER OF THESE TERMS AND CONDITIONS IS VALID, UNLESS CONFIRMED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF ABC.9. Miscellaneous.a) Excusable Delays.
American Best Garage Doors LLC shall not be liable for delays in delivery or failure to manufacture or deliver goods due to acts of God, acts or failures to act of Customer, acts of civil-military authority, fires, strikes, floods, epidemics, attack, war, delays in transportation or other causes beyond American Best Garage Doors LLC reasonable control including without limitation, delays in obtaining or inability to obtain necessary labor, materials, components, or manufacturing facilities.
Terms And Conditions Of Use
The following Terms and Conditions form a part of the agreement on the face hereof between the Customer and American Best Garage Doors LLC