Terms and Conditions
By accepting this estimate (this “Estimate”) from The Denver Shade Company, LLC (the “Company”), you are agreeing to the Terms and Conditions set forth below.
ORDER CHANGES. All orders are custom manufactured and cannot be changed, canceled, or returned once production has begun. Upon signing this Estimate, you are acknowledging that all order details are accurate and are hereby accepting responsibility for all product selections including product type, fabric color and fabric opacity.
NO RETURNS. While you may seek product recommendations from the Company, you remain solely responsible for product decisions. The product cannot be returned for any reason including, without limitation, dislike of product, operation, color, or opacity.
PAYMENT. Full invoice balances are due upon installation of the product or upon the failure to schedule an installation appointment as further described under the heading “FAILURE TO SCHEDULE INSTALLATION”. In the event a portion of the product must be re-ordered, you are responsible for payment of the portion of the product that has been installed (on a per-shade basis). The remaining balance of the invoice is due upon final installation of the product.
INTEREST. Interest will be charged at 3% per month on invoices over 30 days past due.
FAILURE TO SCHEDULE INSTALLATION. The Company targets completion of installation within 60 days of the Company’s first attempt to schedule an installation appointment. If the Company does not complete an installation within 60 days following the Company’s good faith first attempt to schedule an installation appointment, then (i) the product balance will be due pursuant to the terms of the invoice, (ii) labor charges will be removed from the invoice once the product balance is received by the Company, and (iii) once the product balance is received by the Company, the product will be delivered to the installation address. If the Company does not receive the product balance within 90 days of the date of the original invoice, you will forfeit your product deposit and the Company shall retain title to the products.
DISCLAIMER. The Company hereby disclaims all representations and warranties with respect to the product, and specifically disclaims any express or implied warranties of merchantability or fitness for any other purpose.
LIMITATION OF LIABILITY. In no event whether based on contract or tort (including negligence) shall the Company be liable for incidental, consequential, indirect, or special or punitive damages of any kind, for loss of revenue, loss of business, or other financial loss arising out of or in connection with sale, installation, maintenance, use, performance, failure or interruption of its products or design documents, even if the Company has been advised of the possibility of such damages. In all cases, liability to the Company will be limited to the replacement or removal and refund of non-functional equipment. The parties hereby agree that damages arising from or in connection with the Company’s obligations under this Estimate shall not exceed the total purchase price due under the invoice.
WARRANTIES. Warranties from manufacturers of equipment installed will be passed through directly to the purchaser and all installation/configurations as completed are warranted for one year after installation. (except for commercial locations where no warranty is given). Notwithstanding anything contained herein to the contrary, you agree to be billed standard charges and rates for any Company service calls due to services provided by the Company to (i) remove and replace batteries in the products or any remote devices that control the products or (ii) plug in the products to an electrical outlet.
ARBITRATION OF DISPUTES. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS ESTIMATE SHALL BE SUBMITTED TO BINDING ARBITRATION IN THE STATE IN WHICH THE CONTRACT IS ENTERED INTO UNDER THE CONSTRUCTION ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE AWARD MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. NOTICE: THE EFFECT OF THIS PROVISION IS THAT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION UNDER THE LAW OF YOUR STATE OF RESIDENCE AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OF JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL.
INSTALLATION SITE. You are responsible for moving any and all furniture or other impeding items that may restrict access to the installation site. You hereby release the Company from any liability arising from or in connection to the Company’s access, ingress, or egress to the installation site including, without limitation, damage to driveways, entryways, stairways, doors, floors, or trim. In consideration of the foregoing release, the Company shall access each installation site in a careful, workmanlike manner.