Terms and Conditions: Tustin Garage Door Repair
I. Introduction
THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING ELECTRONIC CONTRACT BETWEEN YOU, THE LEGAL ENTITY THAT YOU REPRESENT AND THE LEGAL ENTITY THAT REGISTERED YOU (COLLECTIVELY “YOU”), AND www.tustingaragedoorrepair.com, WHICH ITS OWNER AND WITH WORKER (“OUR” (“WE”, “US” OR “Company”) AND GOVERNS YOUR USE OF THE SOFTWARE, SITE, MOBILE APPLICATIONS OR RELATED BUSINESS APPLICATIONS, SUCH AS APPLE TV, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY “OUR”) SERVICES).
THIS AGREEMENT COMPLIES WITH ALL LAWS APPLICABLE TO ONLINE AND ELECTRONIC CONTRACTS.
THIS AGREEMENT DOES NOT REQUIRE A PHYSICAL SIGNATURE OF THE PARTIES AND CONSTITUTES A LEGALLY BINDING AND VALID CONTRACT BETWEEN THE PARTIES.
By using a Company’s services or clicking the “Sign Up” button, you agree to its Terms and Conditions. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE CLICK THE “X” BUTTON AND DO NOT USE THE COMPANY SERVICES. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS.IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
II. Additional agreements
Privacy matters relating to your use of the Services are governed by our Privacy Policy, which is incorporated into these Terms by reference.
III. Catalogs
The catalogs, price lists and promotional materials published by the Company are for the sole purpose of indicating the general nature of the products available and nothing contained in such catalogs, price lists or other content shall be or shall be deemed to constitute the Company or any condition or warranty in relation to the goods sold.
IV. Prices
- Unless expressly stated otherwise, all offers are valid only for the stated 30 day period.
- Unless expressly agreed otherwise in writing, the price payable for all Goods supplied by the Company will be the price in force on the date of dispatch plus the VAT in force on the date of dispatch.Prices are subject to change.
VI. YOU. Transfer of title
- Title in the Goods shall not pass to the Buyer until all amounts due to the Company under the contract under which the Goods were supplied or any other contract have been paid in full. Until then, the goods remain the property of the company and will be insured by the buyer up to the amount of the invoice. Such Goods will be stored in such a way as to be easily identifiable and the Company shall have the right to seize such Goods at its sole discretion and at any time prior to full payment.
- The Buyer grants the Company, its employees and agents permission to enter the Buyer’s premises to take possession thereof. This transfer has no impact on the sustainability of the contract between the parties. If the Goods to which title has not passed to the Buyer are the subject of processing, addition or transformation, ownership of the Goods so processed, addition or transformation shall pass to the Company until title passes.
- Any goods sold by Buyer to any third party prior to the transfer of title to Buyer shall be sold on behalf of the Company and all proceeds derived from such sale shall be retained by Buyer in the Company’s trust fund until all outstanding amounts are paid in full. has been received by the company.
- Even if ownership of the goods has not passed to the buyer, the company has the right to sue the buyer for payment of the price of the goods if it is not paid on time.
VII. Delivery
- Delivery dates provided by the Company are only an estimate of the time required to complete delivery from the date on which full and final instructions are received by the Company. The Company will use all reasonable endeavors to meet these estimates, but the Buyer will not be entitled to any compensation or termination of any contract with the Company solely due to the Company’s failure to meet a particular delivery date.
- The Company will use reasonable efforts to accommodate Buyer’s requests for an extension of the specified delivery date, but will have no enforceable obligation to do so.In the event of any delay, the Buyer shall pay to the Company on demand all associated costs and expenses, including reasonable storage costs incurred.
- If the Goods are sold by the Company “carriage paid”, delivery shall be deemed to have taken place when the Goods are removed from the delivery vehicle and the Goods thereafter remain at the Buyer’s risk in all respects.
VIII. Charger
- By placing an order with the Company on the basis of these General Terms and Conditions, the Buyer acknowledges that he is not acting as a consumer and that the provisions of these General Terms and Conditions limiting the Company’s liability apply (unless otherwise stated) in a letter from Buyer to the Company prior to acceptance of such order) is fair and reasonable having regard to all circumstances then known to Buyer.
- All goods supplied by the Company are fit for the normal use for which they are intended.No liability is accepted if the goods are found not to be fit for any other purpose whether or not such other purpose was made known to the Company before the contract was made. Any recommendations made by the Company in such circumstances are made in good faith but as the conditions of use are outside the control of the Company, it is for the Purchaser to satisfy himself as to the suitability of the goods. Save as aforesaid any conditions or warranty implied or imposed by law as to the quality
fitness for the purpose or otherwise however of any goods supplied by the Company is hereby expressly excluded and in no circumstances (except death or injury caused by the Company’s negligence) shall the Company be liable for any loss injury or damage caused or arising whether in contract or in tort save as expressly provided and to the extent provided in this condition.
- If a defect in workmanship or material occurs in the goods supplied by the Company within 12 months of the date of delivery, the Company shall be entitled, at its sole discretion, to do so provided that in any event the Goods fail to conform to the specifications at its sole discretion will be replace such goods or any part thereof free of charge to the Buyer (excluding freight charges), and the Buyer shall be obliged to accept such replacement in full satisfaction of his claim and will also at the time of delivery return to the Company at the Buyer’s expense those originally supplied Goods or the defective part thereof replaced if necessary. If the Company does not replace such Goods or any part thereof, the amount which the Buyer may recover from the Buyer as compensation from the Company shall be limited to the difference between the value of the Goods at the time of delivery to the Buyer and No claims on the part of the Buyer are possible . The Buyer shall be entitled to withhold payment of the price of Goods or a right to set off any payment due to the Company under any contract concluded between the Company and the Buyer or any claim asserted by the Buyer. The buyer authorizes the buyer to reject delivered goods and to consider the contract as invalid. Any remedies available to Buyer shall include only the compensation set forth below.
- The Company shall not be liable for defects resulting from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to comply with the Company’s oral or written instructions, misuse or alteration of the Goods without the Company’s consent.
IX. Force Majeure
- In the event of force majeure, the outbreak of a general or local war, an insurrection or other civil disturbance, a strike, a lockout, an act or decree of any government, or any other matter or matter beyond the reasonable control of the The company will:
- We shall not be liable for any injury or damage of any kind caused or arising thereby; AND
- The Company may terminate the Agreement in whole or in part at its sole discretion without incurring any liability.The validity of the interpretation and enforcement of this Agreement shall be governed by the laws of the United States and any dispute arising out of or relating to this Agreement shall be subject to the jurisdiction of the courts of the State of California.
IX. Force Majeure
- In the event of force majeure, the outbreak of a general or local war, an insurrection or other civil disturbance, a strike, a lockout, an act or decree of any government, or any other matter or matter beyond the reasonable control of the The company will:
- We shall not be liable for any injury or damage of any kind caused or arising thereby; AND
- The Company may terminate the Agreement in whole or in part at its sole discretion without incurring any liability.The validity of the interpretation and enforcement of this Agreement shall be governed by the laws of the United States and any dispute arising out of or relating to this Agreement shall be subject to the jurisdiction of the courts of the State of California.
X. Trademarks
- The trademarks, service marks and logos (“Marks”) used and displayed through our Services or Company Content are registered or unregistered trademarks of us or our suppliers or third parties, and are protected by U.S. and foreign trademark law . All rights are reserved and you may not alter, obscure or associate with any trademarks without our prior consent.
XI. Indemnification
A. You hereby indemnify and hold harmless the Company and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from all reasonably foreseeable losses, expenses, damages and costs, claims and demands. including reasonable attorneys’ fees and related costs and expenses caused by or arising from your breach of any representation or warranty made under this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this Section 14, and in such event, you agree to use such defense to the fullest extent reasonably possible required to cooperate and assert any available defenses.
XII. Miscellaneous
- Entire Agreement. These Terms and any policies applicable to you posted on our Services constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between the parties with respect to such subject matter.
- Severability.If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. Withdrawal from any provision of these General Terms and Conditions is possible only by a written instrument from the person entitled to benefit from this provision. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Notice. Any notice or other communication required under this Agreement will be in writing and sent by facsimile, prepaid or certified mail, return receipt requested, or email.
- No agency. Nothing in these Terms shall be construed to constitute either party becoming a partner, joint venturer, agent, legal representative, employer, contractor or employee of the other party. Neither the Company nor any other party to these Terms has the authority to make, nor does it purport to make, any representation, representation or assurance of any kind or to take any action that will be binding on others unless otherwise provided. contained herein or approved in writing by the Affiliated Party.
- Governing Laws. These Terms and your use of the Services shall be governed by and construed in accordance with the substantive laws of the United States, without reference to any choice of law principles or conflict of law principles that would require the application of the laws of another jurisdiction, and shall be deemed to have been made and accepted in California, United States.