INSTALLATION CONDITIONS
1. It is agreed that our mechanics will have safe, unobstructed and uninterrupted use of the opening and adjacent area necessary for the proper installation of doors and related hardware and systems.
2. Before purchasing, the Buyer must determine the suitability of the product and/or systems for the intended use, and the Buyer assumes all risk in connection therewith. Openings are to be prepared by others including side jamb extensions for tracks and mounting pads, above the header, for springs and electric operator assembly. Buyer shall provide headroom, backroom and side room in accordance with the requirements of Door Services or Manufacturer. Jambs must be plumb and the openings square. All anchor bolts must be flush with the inside face of the jamb. No masonry may protrude past the inside face of the jamb. Please contact Door Services if there are any questions or doubts as to these requirements.
3. Any fixtures or objects that may interfere with the installation or operation of materials to be provided, such as but not limited to light fixtures, water pipes, sprinkler systems, air ducts, electrical conduit, shelves, etc. are to be removed or relocated by others unless specifically noted on this proposal.
4. If a door is installed without a finished floor, Door Services assumes no responsibility for fitting the door to the floor, nor for any additional adjustments after the floor is finished, nor for any claim for damage relating to a lack of weather-tight seal. An additional adjustment charge shall apply in the amount of 6% of the gross contract prices, but not less than $25.00.
5. The Buyer shall provide electric current required for power tools and lights for installation. The Buyer shall also provide safe and proper storage for material and tools.
6. Wiring for electric operators, control stations, or any other operating devices is not included unless noted on the front side of this proposal.
7. Doors will not be finished painted by us unless specifically mentioned in this quotation. Door Services will not accept any responsibility for problems associated with finish paint applied by others.
8. If special work is required to meet conditions other than those typically found or specifically described in this proposal, additional charges shall be apply at Door Service’s then prevailing rates.
GENERAL CONDITIONS
1. By executing and returning this proposal to Door Services or returning a facsimile or duplicate proposal to Door Services, the Buyer shall be deemed to have assented to the terms and conditions set forth herein, anything to the contrary contained in a substitute proposal of the Buyer or additions or deletions to this proposal which the Buyer may make notwithstanding. No course of dealing, course of performance, or failure to enforce strictly any provision hereof is to be construed as a waiver of a provision.
2. Should you accept this estimate yet use your own contract form, it is understood that we will incorporate and make a part thereof this proposal and all its conditions. In the case of any conflicting specifications or conditions this proposal shall govern. If you have tendered a credit or debit card for the payment of any deposit, you authorize Door Services to process payment in full on that credit card according to the terms of the Door Services proposal, as may be amended. This payment authorization is for the goods/services described in the work order and any amendments in the amounts indicated. By signing the proposal you certify that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company so long as the transaction corresponds to the terms indicated in this form.
3. There will be a late payment charge assessed of 11?2% per month on all past due accounts. In addition, the Buyer agrees to pay all attorney’s fees, court costs and all other additional costs associated with the collection of past due amounts. All returned checks will be assessed a $25.00 handling charge, in addition to any bank charges. This agreement shall be interpreted in accordance with Maine law, without reference to choice of law principles, and exclusive jurisdiction for resolution of any controversy hereunder shall lie in the courts located in the State of Maine, unless Door Services elects to maintain suit in another location. Buyer submits to personal jurisdiction in the State of Maine.
4. A restocking fee shall be charged for standard stock materials ordered and then canceled after manufacturing. Restocking fees for items that can be returned to the manufacturer or distributor will range from 15% to 40%, depending on the restocking percentage charged to Door Services. Door Services will charge a 20% restocking fee on all other returned items. Non standard or special order materials and/or sizes cannot be returned after production has commenced and must be paid in full. It is Buyer’s responsibility to review all specifications for accuracy on all orders. Returns will only be accepted if in the same condition as delivered and with original, undamaged packaging, must be preauthorized and return shipping will be at Buyer’s cost. Returns will be accepted solely at the discretion of Door Services and for credit against future purchases only. No refunds will be given.
5. This proposal is based on all work being performed during regular working hours. Extra charges will be assessed for all overtime work and associated costs, unless such overtime work is specifically listed in our proposal.
6. Any installation dates noted or assumed are estimates only and Door Services does not guarantee commencement of work or completion thereof on any given date. If shop drawings are required, completion dates cannot be given until Door Services has been furnished with complete, approved shop drawings and any other additional information Door Services may request.
7. Delivery and installation of items in this proposal are subject to delays caused by strikes, lockouts, other manufacturing contingencies, shipping delays, acts of God, or any cause beyond our control for which Door Services may not be held responsible.
8. If circumstances require, we reserve the right to withdraw this quotation unless it has been accepted in writing within the time frame noted on the reverse side.
9. Material will be ordered for delivery based on Buyer’s projected date of need. Door Services will invoice for materials received to date should the projected installation date or need for materials be delayed. Invoice date will be the date materials are received by Door Services. Payment will be required per terms noted regardless of whether materials are stored at Door Services’ warehouse, Buyer’s location, manufacturer’s facility or other locations.
10. Title to any goods furnished or installed by Door Services shall only pass to Buyer on payment in full of all invoices for materials and services relating to the project location and Door Services reserves the right to remove any and all material already installed if payment is not made in accordance with payment terms. Door Services will not be held responsible for any problems or inconveniences that may occur should material be removed due to non payment and Buyer shall be responsible for all costs of reinstallation.
11. By acceptance of this proposal Buyer understands that Door Services may have applied discounts from any manufacturer’s suggested retail price and/or Door Services’ standard pricing and labor rates in anticipation of Buyer’s timely and full payment of all amounts due. Should payment not be made according to the terms and conditions specified then Door Services reserves the right to remove all discounts that may have been applied and forward an invoice for the additional amounts, which shall be due upon receipt. Door Services also reserves the right to include in these additional charges all incurred legal fees and/or reasonably anticipated legal fees.
WARRANTIES
1. Installation warranty: Equipment operation and workmanship of the installation of new material is waranted for a period of one year from the date of installation.
2. Material warranty: All materials are guaranteed for a period of one year from date of invoice provided that materials subject to a manufacturer’s warranty shall not be warranted by Door Services.
3. The installation and material warranties apply only to problems that are a direct result of original material manufacturing or original installation by our company. Door Services’ only obligation shall be to replace or repair, in its sole discretion, any product or installation found to be defective. This warranty is in lieu of all other warranties, whether express or implied. No representative or person is authorized to give any other warranty or to assume for Door Services any other liability in connection with the products sold or services provided by Door Services. Problems that result from environmental or weather conditions, misuse, alteration, parts, materials or equipment not furnished by Door Services, or work done by other companies or trades is not guaranteed or warranted. Door Services disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
4. No warranty will be honored if the account has not been paid according to terms, including all applicable fees and charges.
LIMITATION OF LIABILITY
Under no circumstances shall Door Services be liable for any personal injury, any indirect, special, or consequential damages, even if advised of the possibility of such damage. In any case, any and all liability of Door Services in any way arising from or relating to Door Services’ performance or any failure to act shall be limited to the total amounts actually paid to Door Services for the project in question. No representative or person is authorized to give any other warranty or to assume for any other liability for Door Services. Door Services shall not be responsible for any claim resulting from or relating to an error in any catalog furnished by any manufacturer.