- ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL GOVERN THE RELATIONSHIP BETWEEN ABOVE ALL GARAGE STORAGE (AAGS) AND THE CUSTOMER BY SIGNATURE SET FORTH ON THE ATTACHED INVOICE. THE CUSTOMER CERTIFIES THAT THE CUSTOMER HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
- PAYMENT AND DISPUTE OF CHARGES All charges are in U.S. dollars and are due upon receipt. Any charges not paid in a timely fashion shall be subject to a finance charge of 1.5% per month or the greatest extent permissible under this State’s law, whichever is greater. Customer shall reimburse AAGS for any charges incurred due to returned payments, such as bank fees. The charges shall be deemed acceptable to Customer and Customer agrees to forego any claim relating to the amount or calculation of charges UNLESS Customer notifies AAGS of such dispute as to amount or calculation of charges in writing postmarked within fifteen (15) days of the date of the original invoice regarding such charges.
- WORKMANSHIP WARRANTY AAGS agrees to warranty workmanship for a period of one year from the date of completion of installation. Materials are guaranteed for life. This warranty includes repair and/or replacement, at AAGS’s expense, of any and all material installed for Customer by AAGS which do not operate or perform according to those reasonable standards which are widely recognized in the industry in which AAGS operates. This warranty shall not apply to any workmanship or materials which have been altered by workmanship, repair, addition, modifications or other alterations by Customer or third parties, or in the event that materials or workmanship has been modified by overuse, misuses, negligence or other use not consistent with the intended use and purpose of AAGS’s workmanship or materials. AAGS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING STATES THE ENTIRE LIABILITY OF AAGS AND THE EXCLUSIVE REMEDY OF CUSTOMER. IN NO EVENT SHALL AAGS BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DATA OR PERSONAL INJURY), WHETHER OR NOT AAGS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY ARISING OUT OF THIS AGREEMENT.
- GOVERNING LAW AND DISPUTE RESOLUTION This Agreement is to be governed by, construed and enforced according to the laws of this State. Dispute resolution and/or litigation shall occur only in this county, unless otherwise agreed by the parties. All claims, disputes and other matters in question between the Parties which arise out of, or relate to, the interpretation of this Agreement or either Party’s compliance with its obligations hereunder, and no other claims, disputed and other matters in question, shall be exclusively and finally settled by binding arbitration, according to the rules of the American Arbitration Association (“AAA”), provided that the parties may mutually agree to use non-AAA arbitrator(s). Each Party at its own expense agrees to provide such documents and witnesses as the arbitrator(s) shall request in order to assist their determination. The Parties agree to be bound by the terms of any final award of the arbitrator, including, but not limited to, specific performance and preliminary or permanent injunctive relief. The decision of a majority of the arbitrators or the sole arbitrator, as the case may be, shall be final and binding upon the Parties to this agreement, and judgment, upon any decision may be entered in any court having jurisdiction. The Parties shall comply in good faith with all decisions of the arbitral tribunal. All costs and fees of arbitration shall initially be borne equally between the parties, except that the arbitrator may make an award for reimbursement of costs and fees. All costs of enforcing any arbitral award, including reasonable attorney’s fees, shall be borne by the Party not in compliance with the arbitral decision.
- HEADINGS Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS. The Site contains links to third-party web sites. The linked sites are not under the control of Above All Garage Storage, and AAGS is not responsible for the contents or policies of any linked site. AAGS provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by AAGS. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, AAGS cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
- INTELLECTUAL PROPERTY RIGHTS. The Site is proprietary to AAGS. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to AAGS or to third parties from whom AAGS has obtained permission. AAGS authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by AAGS. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of AAGS. To request permission you may contact AAGS at [email protected] You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
- ENTIRE AGREEMENT The invoice and these Terms and Conditions constitute the entire agreement between AAGS and the Customer, and terminate and supersede all prior understandings or agreements on the subject matter thereof. The Invoice and these Terms and Conditions may be modified only by a further writing that is duly executed by both parties.
- NOTICE Any notice, demand, request or consent required or permitted hereunder shall be in writing and shall be given by certified mail, return receipt requested, or by facsimile or electronic mail confirmed by registered airmail, to the address listed on the invoice or as supplied by the parties in writing from time to time for the purposes of this Section. Any such notice demand, request or consent sent by certified mail shall be deemed effective upon receipt, and sent by electronic mail shall be deemed effective upon transmission provided the registered airmail is delivered.
- GENERAL If any provision of the Invoice or these Terms and Conditions is held to be unenforceable, the remaining provisions shall be construed as enforceable without such provision. No waiver by a party of a breach of any provisions of this Agreement shall constitute a waiver of any other breach of the same provision or of any other provisions. Neither party shall be liable for any failure to perform due to causes beyond its reasonable control.
- INDEMNIFICATION Customer covenants and agrees at all times to indemnify, hold harmless and defend AAGS and its directors, officers, employees, successors and assigns from and against any and all claims and legal proceedings of any kind for loss, damage or injury (including attorney’s fees and costs) brought against AAGS due to fault of the Customer.
- SURVIVING CLAUSES Unless specifically noted otherwise herein, the covenants of this agreement shall survive the completion of work and the termination of any agreements between AAGS and the Customer.
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