terms & conditions
THESE TERMS AND CONDITIONS SHALL BE A LEGALLY BINDING ELECTRONIC CONTRACT BETWEEN YOU, WHICH INCLUDES THE ENTITY YOU REPRESENT AND THE ENTITY THAT REGISTERED YOU (COLLECTIVELY "YOU"), AND PACIFIC GARAGE DOOR, INC, WHICH INCLUDES ITS OWNER AND ASSIGNEES ("OUR", "WE", "US", OR "THE COMPANY") AND SHALL GOVERN YOUR USE OF COMPANY'S SERVICES, SOFTWARE, WEBSITE, CONNECTED APPLICATIONS OR OTHER OFFERINGS ON QUOTATIONS (COLLECTIVELY, OUR "SERVICES").
THIS AGREEMENT SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE CONTRACT LAWS GOVERNED BY THE STATE OF CALIFORNIA.
THIS AGREEMENT DOES NOT REQUIRE THE PHYSICAL SIGNATURE OF THE PARTIES AND SHALL BE A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN THE PARTIES.
BY USING ANY OF THE COMPANY SERVICES OR CLICKING ON ANY WEB LINKS ASSOCIATED WITH THE COMPANY, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT USE THE COMPANY SERVICES. THE COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Catalogs, price lists, and any advertising matter published by the Company are intended only to give an indication of the general nature of the goods available and nothing contained in any such catalog, list, or other matter shall be or be deemed to be a representation by the Company or a condition or warranty affecting any goods sold.
A. Unless otherwise expressly stated all quotations shall be valid for a fixed period of 15 days only.
B. Unless otherwise expressly agreed in writing the price payable for all goods supplied by the Company shall be the price ruling at the date of despatch plus sales tax thereon at the rate ruling at the date of despatch. All prices are subject to change.
A. All goods shall be paid for in full by the Purchaser to the Company at the time of ordering, by cash, check, credit card or other forms of electronic payments. A 3% fee of the total invoice amount shall be added to all credit card transactions.
B. Where account facilities apply, having been expressly agreed in writing by the Company, the price shall be paid in full by the Customer to the Company within 3 days of the date of the invoice.
C. For all installation products and services purchased a deposit is required. This is payable on the order confirmation. The deposit is nonrefundable unless the Company cannot provide the products and services for installation. The balance is payable after the products have been delivered. If the Company is responsible for installation, this balance will be payable once the installation is complete.
V. Transfer of Title
A. Title to goods shall only pass to the Purchaser from the date of payment in full of all sums payable to the Company under the contract by which those goods were supplied or any other contract. Until such time, goods remain the absolute property of the Company and the Purchaser shall keep them insured to their full invoice value. Such goods shall be stored in such a way that they are readily identifiable and the Company shall be entitled to repossess such goods at its entire discretion and at any time prior to payment in full thereof.
B. The Purchaser hereby grants the Company, its servants, and agents a license to enter the Purchaser’s premises for the purpose of repossessing the same. Such repossession shall not affect in any way the continued existence of any contract between the parties. If goods in which title has not passed to the Purchaser are subjected to any process, addition, or treatment, the property in the goods so processed, added to, or treated, shall be vested in the Company until title has passed.
C. All goods sold by the Purchaser to third parties before title has passed to the Purchaser shall be sold as agent for the Company and all proceeds received from such sales shall be held by the Purchaser in trust for the Company until payment in full of all amounts outstanding has been received by the Company.
D. Notwithstanding that property in any goods has not passed to the Purchaser, the Company shall be entitled to sue the Purchaser for the price of such goods if not paid on the due date.
A. Any time for the delivery stated by the Company will be an estimate only on the likely time required to effect delivery from the date of receipt by the Company of full and final instructions. The Company will make every reasonable effort to comply with such estimate but the Purchaser shall have no right to damages or to cancel any contract with the Company by reason only of failure on the part of the Company to meet any stated delivery time.
B. The Company will endeavor to comply with reasonable requests by the Purchaser for postponement of any stated delivery date but shall be under no enforceable obligation to do so. In the event of any such postponement at the request of the Purchaser, the Purchaser shall pay to the Company on demand all costs and expenses thereby incurred including a reasonable charge for storage thereby occasioned.
C. When the goods are sold “carriage paid” by the Company, delivery shall be deemed to take place at the moment the goods are lifted from the delivery vehicle and thereafter the goods shall be at the risk of the Purchaser in all respects.
A. In placing an order with the Company subject to these conditions the Purchaser is deemed to acknowledge that the Purchaser is not dealing as a consumer and that the provisions of these conditions restricting the liability of the Company are (save as may be notified in writing by the Purchaser to the Company before the time at which such order is accepted) fair and reasonable in the light of all circumstances then known to the Purchaser.
B. All goods supplied by the Company are fit for the normal purpose for which such goods 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.
C. If any defect in workmanship or materials shall manifest itself in any goods supplied by the Company within 6 months of the date of delivery thereof provided always that the goods shall have been found not to be to specification the Company shall have the right at its sole discretion to replace free of cost to the Purchaser (other than the cost of carriage) any such goods or parts thereof and the Purchaser shall be obliged to accept such replacement in full satisfaction of its claim and shall also return to the Company at the expense of the Purchaser the goods originally delivered or such defective part thereof as may have been replaced. If the Company shall fail to replace such goods or parts thereof any amount recoverable by way of damages from the Company by the Purchaser shall be limited to the difference between the value of the goods at the time of the delivery to the Purchaser and no claim whatever by the Purchaser shall entitle the Purchaser to withhold payment of the price of any goods or to any right of set-off against any payment due to the Company under any contract made by the Company and the Purchaser, nor will any claim made by the Purchaser entitle the Purchaser to reject any goods supplied and treat the contract as repudiated and any remedy of the Purchaser shall be in damages only as hereinafter provided.
D. The Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions, whether oral or in writing, misuse or alterations of the Goods without the Company’s approval.
VIII. Force Majeure
A. In the event of any act of God, an outbreak of war either general or local, riot or other civil commotion, strike lock-out or act or decree of any government or any other matter or thing beyond the reasonable control of the Company, the Company:
Shall not be liable for any injury or damage of any kind thereby caused or resulting therefrom; and
May at the sole discretion of the Company withdraw wholly or in part from the contract without any liability, whatsoever. The construction validity and performance of this contract shall be governed by the laws of the United States and all disputes which may arise under or in connection with or related to this contract shall be subject to the jurisdiction of the courts of California.
The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to US, and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives, and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims, and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 10, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
A. 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 previous written or oral agreements between the parties with respect to the such subject matter.
B. Severability. If any provision of these Terms is found to be illegal, 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.
C. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
D. Notice. Any notice or other communication to be given hereunder will be in writing and given by postpaid first class or certified mail, electronic mail, or SMS notification.
E. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither the Company nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
F. Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the United States without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in California, United States.