Terms and Conditions

As of 04/01/2024

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AUTHORIZATION TO PERFORM WORK: Customer represents that Customer has full authority to enter this agreement and that Customer is the legal owner of the property (if installation included) or is the agent of the owner and has the owner’s full express authority to enter these agreement. Company is authorized to provide the materials and labor, if any, specified on the above or attached estimate and / or invoice (collectively, the “Invoice”). The stated prices and specifications are satisfactory and are hereby accepted by Customer. Company agrees to provide the materials and labor only as described in this agreement. Customer is not entitled to any materials or labor not specified in this agreement.  All obligations of Customer are joint and several, if there is more than one Customer listed on the Invoice. 

FULL PAYMENT DUE TO COMPANY: Customer agrees to pay the total amount of the Invoice to Company when the work has been completed. Company shall be entitled to an 8% late fee on any payment not paid when due, or at such later date as has been agreed to in writing by the parties. 

PAYMENT FOR ADDITIONAL WORK: Any and all alterations or deviations from the materials and labor listed on the Invoice will only be executed by written change order and will be over and above the original price. Customer agrees to pay Company for additional work set forth in change orders contemporaneously with the execution of any change order. In the event of any conflict between a change order and this agreement, this agreement will control.  

REASONABLE TIME:  Company is not responsible for delays or inability to perform caused by manufacturer's delays, unavailability of products and materials, shipping delays, labor shortages, strikes, acts of God, war, riots, weather conditions, fire, acts of others, public authorities, pandemics, or acts of the Customer. Company shall use reasonable efforts to provide the materials and labor within a reasonable amount of time.    

CUSTOMER’S PERSONAL PROPERTY: Customer assumes full responsibility for removal and/or protection of all personal property and vehicles in, on, or about the property and Company shall not be responsible for: (a) moving any such personal property or vehicles; and (b) any damage to such personal property or vehicles, regardless of cause Customer shall provide access for Company to park its vehicles in the garage and / or where the garage door is located. Customer agrees that Company shall not be responsible for any damages to Customer’s driveway, concrete, asphalt, or property by Company or its vehicles. 

CUSTOMER’S RESPONSIBILITIES: Customer agrees to provide Company and Company’s vehicles with access to the property, including but not limited to the driveway and garage, for purposes of providing the materials and labor listed on the Invoice. Customer represents and warrants that the garage door system for the property, except as described in the request for work or repairs, is in good condition. Customer further provides Customer’s permission for Company to perform testing of garage door systems in, on, or about the property, for purposes of Company completing its work. Customer shall indemnify, defend, and hold Company harmless from and against any damage that results to the property or any fixtures on the property, as a result of any improper or faulty garage door systems that were pre-existing as of the time of the work; deterioration of the garage door systems; illegal conditions that were pre-existing at the time of the work; and then-existing garage door systems that are beyond Company’s repairs or outside the scope of the work.

PROMOTION: Customer grants Company the right to place company signage or banners on the site of the job being performed. Customer further grants Company the right to take photographs or video of the property and/or work for use in identifying the project, work, and / or promotional uses. 

LIMITED WARRANTY: Company warrants that all of Company’s work will be free from defects in workmanship, but not from defects in any materials, for the warranty period of ninety (90) days from completion unless a longer warranty period is expressly set forth on the Invoice. If any warranty period set forth on the Invoice exceeds one (1) year in length, Customer is required to have Company perform an annual service of the garage door system during the warranty period. This limited warranty shall be automatically void if payment is not made when due, or if funds are returned/denied for insufficient funds, or if Customer breaches this agreement. If Customer provides actual, written notice to Company within 14 days of Customer’s reasonable discovery of any defect that is covered by this limited warranty, Company will, with reasonable promptness, and during normal working hours, remedy the issue at no expense to Customer. THIS LIMITED WARRANTY SHALL BE VOID IN THE EVENT ANY UNAUTHORIZED WORK OR REPAIRS ARE PERFORMED OR ATTEMPTED BY THE CUSTOMER OR ANY THIRD PARTY WITHOUT COMPANY’S PRIOR WRITTEN CONSENT OR IF THE CUSTOMER FAILS TO FULLY COMPLY WITH THE PRODUCT MANUFACTURER’S SPECIFICATIONS. In no event shall Company be held liable for any consequential damages, damages for loss of use, lost profits, loss of business opportunity, or any other similar type of loss or claimed loss. Company has allocated its risk and expense as a material part of this agreement. Customer acknowledges that the terms set forth in this paragraph are material terms of this agreement, and that Company would not have entered into this agreement without these provisions. Upon timely payment of all amounts due from Customer in full, Company unconditionally transfers and assigns to Customer all manufacturers’ warranties for any materials installed. 
EXCEPT AS STATED HEREIN, THERE IS NO EXPRESS OR IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER KNOWINGLY, VOLUNTARILY, AND EXPRESSLY WAIVES ANY CLAIMS FOR IMPLIED WARRANTIES WHICH MAY EXIST UNDER STATE OR FEDERAL LAW. MANUFACTURERS’ WARRANTIES SHALL BE LIMITED BY THE TERMS AND CONDITIONS OF MANUFACTURER.

REMEDIES FOR BREACH: In the event of a breach of this agreement by Customer(s), Company shall be entitled to place liens, and / or sue for all remedies available at law or equity, including but not limited to, material costs and lost profit, specific performance thereof, and/or liquidated damages, or a combination of remedies. The election of remedies shall be at the sole discretion of Company. The rights set forth herein are cumulative and not exhaustive of any other claim which may exist in law or equity. Customer shall pay Company’s reasonable attorney fees and costs associated with Company’s enforcement of any of its rights under this agreement. Interest on any amount owed under this agreement shall accrue at the rate of 18% per annum. THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LAWSUIT THAT RELATES TO OR ARISES FROM THIS AGREEMENT.

LIMITATION OF LIABILITY: Notwithstanding any other provision of this agreement, Customer agrees that Company’s total liability to Customer in the event of dispute relating to this agreement shall be no greater than the total amount paid by Customer pursuant to this agreement up through and including the date Customer first notified Company of the dispute.  Customer acknowledges and agrees that its claims against Company, its managers, members, officers, and/or agents will be limited to those claims sounding in contract and that all of the Company’s duties to Customer arise from this Agreement.  The economic loss rule shall apply broadly to limit claims by Customer to those sounding in contract.  Company has allocated its risk and expense as a material part of this agreement.  Customer acknowledges that the terms set forth in this paragraph are material terms of this agreement, and that Company would not have entered into this agreement without these provisions. This limitation of liability excludes damages from Company’s gross negligence or willful and wanton conduct.

SEVERABILITY, CANCELLATION, AND LIQUIDATED DAMAGES: In the event any portion of this agreement is held to be void or unenforceable, it shall be severed from the remainder of the agreement, and the remainder of the agreement shall remain in full force and effect as if the severed provision did not exist. Company may, in its sole and absolute discretion, require Customer to pay a down payment before Company will provide any of the work or materials set forth on the Invoice. If the Invoice includes the installation of a garage door and / or opener and this agreement is cancelled by Customer less than seven (7) business days before the scheduled date of the work on the Invoice, Customer agrees that the downpayment will become non-refundable as liquidated damages. There are no returns on or cancellations of any special-order products. Customer acknowledges that late cancellation by Customer will result in Company incurring loss and damages that Company would not otherwise incur including, without limitation, additional administrative and bookkeeping expenses, lost business opportunities, lost profits, and time spent with Customer. Any provision for liquidated damages is not a penalty but, rather, Company’s damages and losses in the event of such a late cancellation are difficult to quantify and the parties state and agree that this liquidated damages calculation is a fair approximation of Company’s likely damages in such event. The parties desire to liquidate these damages in advance rather than litigate the actual cost. 

RETURNED CHECKS: Customer also agrees to pay $20.00 to Company for any insufficient funds check returned from bank and / or such additional amounts and damages as authorized by Colorado law. 

THERE ARE NO WRITTEN OR ORAL REPRESENTATIONS OR UNDERSTANDINGS OTHER THAN THOSE SET FORTH IN WRITING IN THE AGREEMENT. NO OTHER VERBAL AGREEMENTS ARE ENFORCEABLE BY EITHER PARTY. EVERYTHING CUSTOMER EXPECTS IS INDICATED IN WRITING IN THIS AGREEMENT. THE PARTIES EXPRESSLY STATE, ACKNOWLEDGE, AND AGREE THAT THE CONTENTS OF THIS AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES.  THE PARTIES EACH EXPRESSLY WAIVE THE RIGHT TO RELY ON ANY TERMS, CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS, OR ASSERTIONS OF THE OTHER PARTY NOT CONTAINED IN THE AGREEMENT OR ADDENDUMS IN WRITING.