Terms of Sale - Consumer

Revised as of December 29, 2020

General Terms and Conditions of Sale, Returns and Cancellations

The following Terms and Conditions form a part of the agreement and contract between the Customer and The Garage Door Depot of Greater Vancouver Inc. (Company):

1. Payment and Terms: Upon Customer’s execution of this contract and order, Customer shall pay to The Company 50% of the contract price indicated on the agreement or quote, unless otherwise indicated on the agreement or quote. The Company may pre-authorize credit cards payments prior to completion of job top secure payment. Customer agrees to remit payment in full of the balance due hereunder upon the completion of the installation services indicated on the face hereof. No cash discounts will be granted, no request will be granted after completion. Customer hereby waives his/her rights to any refunds, “No Exchange, No Refunds”.
   1. Account balances not paid in accordance with these terms are subject to the maximum prevailing legal interest rate calculated from date of delinquency. In the event The Company finds it necessary to refer an account to an attorney or an agent for collection of delinquent accounts, Customer shall pay all costs of collection including, without limitation, reasonable attorney’s fees and court fees. Customer agrees that The Company shall retain a security interest in the Products sold hereunder to secure any portion of the price not paid on delivery and will, on request, execute a security agreement in such form as is required by The Company, which, at The Company’s option, may be filed with appropriate relevant authorities. Should Customer become delinquent in the payment of any sum due hereunder, or if Customer becomes insolvent, or if any proceedings are commenced under any bankruptcy or similar laws for Customer’s reorganization or other debt adjustment, The Company will not be obligated to continue performance. The Company reserves the right to change the credit terms provided herein when, in The Company’s opinion, the financial condition or previous payment record of Customer so warrants. If, within thirty (30) days of receipt of written notice of such change, Customer fails to agree and comply with different terms of credit, and/or fails to give adequate assurance of due performance, The Company may, by notice to Customer, treat such failure or refusal as a repudiation by Customer of the portion of the purchase order not then fully performed, whereupon The Company may remove from Customer’s premises all equipment installed by The Company hereunder.
2. Cancellation: Customer has the right to cancel the sales agreement or work order within two (2) business days of the date the agreement was signed or agreed to electronically, as long as it was requested before installation date, or before work has begun on site, without any financial consequences and/or costs to customer. NOTE: All cancellation requests must be made to the Company in writing with customer’s signature, and.
   1. Customer acknowledges and agrees that orders that include one or more special order items constitute a full waiver of customer cancellation rights and customer will be financially liable for all work performed as per the agreement. Further, any deposits paid to the Company are non-refundable for special order items.
   2. Unless otherwise noted on the agreement, special order items include but are not limited to any overhead door system, overhead door panels, gate sections/panels, custom made doors, specialty openers, gate openers or any other items not in stock at the Company premises at time of order.
   3. Restocking fee. In case of customer cancellation of the sales agreement or work order after 2 business days of date agreement was signed or agreed to and before installation date and providing the item(s) ordered are not special order items, a restocking fee of 20% from the total job will be applied against customer’s deposit. Remaining deposit will be immediately refunded to customer.
3. Returns/Refunds: The Customer may return products that are purchased “supply only” providing it is done so within 15 days of the sale date, the product is unopened and has not been tampered with. Radio controls or “remote controls” are final sale and may not be returned. All other returns will only be accepted by GDDV if submitted to GDDV and pre-approved by GDDV in writing, at GDDV’s sole discretion. To receive a return authorization, GDDV must be contacted to obtain an authorization number. The RETURN GOODS AUTHORIZATION (RGA) authorization number must be marked on the freight bill and on the outside of any boxes. Failure to do this may result in the return being refused, incurring additional freight charges. All returns are to be shipped freight prepaid by customer—collect shipments will be refused. No returns or cancellations will be accepted on custom orders or special order merchandise.
4. Dates and Prices: All installation commencement dates indicated and/or provided to the Customer by the Company are approximate and subject to the Company’s availability schedule. The Company will make reasonable efforts to meet the date(s) quoted. However, the Company will not be liable for its failure to meet the quoted dates or for any delay in performance hereunder due to unforeseen circumstances or shortages, due to causes beyond its control, or due to its voluntary or mandatory compliance with any governmental act, regulation, or request. If, by reason of such circumstances, the Company’s supplies of the equipment or service (hereinafter the Product(s) covered hereby) are limited, the Company shall have the right to allocate the available supply among its customers in such manner as it, in its sole discretion, determines appropriate.
   1. Should the Customer request a change in the estimated installation or completion dates or otherwise cause delay in delivery or request that the Products be shipped to a location other than the location of original delivery or request any work other than as provided in the agreement, the prices established by hereunder shall no longer apply and the Customer shall be liable for any new prices or added costs.
   2. Quoted Pricing is valid for thirty (30) days from date of quote unless otherwise noted by the Company in writing on this agreement or quote.
   3. Sales Tax: Quotes do not include any applicable Provincial Sales Tax (PST) and/or Goods & Services Tax (GST). PST is however included in quotes for “supplied and installed” products and services. GST is always extra.
5. Inspection: Customer shall inspect the work completed by the Company immediately upon completion of installation or upon receipt of notice from the Company that the order is complete, and shall, within two (2) business days after receipt, give written notice to The Company of any claim for work that does not conform with the terms of the sales agreement or work order. If Customer shall fail to give such notice, the work shall be deemed accepted and to conform to the terms of the sales agreement or work order, and Customer shall be bound to pay for the work in accordance with the terms hereof.
6. Installation: For Products requiring installation by The Company, it is the responsibility of Customer to prepare the site environmentally and ensure the garage is clear of all items and Customer property sufficient to provide adequate working space for the installer. This is a space that is at least 8’ back from the garage opening and at least the width of the garage door and also provide the required services, power, water, drain, permits, licenses, approvals, etc. Failure to do so, prior to The Company’s service personnel arriving at Customer’s site on the mutually agreed upon installation date, will result in a service charge by The Company to cover the lost time of its service personnel. Because The Company’s service personnel will be required to enter upon Customer’s premises, Customer hereby undertakes to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety, and hereby accepts full responsibility for any harm or injury to, or liability arising from work performed by, The Company’s personnel while on Customer’s premises, except to the extent caused solely by the gross negligence or willful misconduct of The Company’s personnel.
7. How to Get Service: If you have a problem or question, please contact us at (604) 526-1086 or service@garagedoordepot.ca or visit www.garagedoordepot.ca/greater-vancouver
8. How Provincial Law Applies: The terms and conditions contained herein are governed by the laws of British Columbia and give you specific legal rights. If outside of British Columbia, you may have other rights that vary from province to province.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER’S SOLE RECOURSE AGAINST THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DISTRIBUTORS, DEALERS, RESELLERS, PROVIDERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY INDEMNIFIED PARTIES”) IS LIMITED TO THE EXPRESS WARRANTIES HEREIN, AND IN NO EVENT SHALL THE COMPANY OR THE INDEMNIFIED PARITES BE RESPONSIBLE OR LIABLE TO CUSTOMER (OR CLAIMS OF ANY THIRD PARTY AGAINST CUSTOMER) FOR SPECIAL, INDIRECT, COLLATERAL, PUNITIVE OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. By receiving products and/or services from the Company, the Customer is hereby acknowledging that he/she/they has read, understands and agrees to these terms and conditions contained herein and further agrees the prices, specifications and conditions shown here and on the sales agreement or work order are satisfactory and hereby accepted. The Company is authorized to do the work as specified.
11. Each Garage Door Depot or business entity doing business as “the” or “a” Garage Door Depot location in Canada is independently owned and operated. The Garage Door Depot of Greater Vancouver Inc. has no obligation or liability to any party for any products or services provided to them by any other Garage Door Depot branch, entity, location, person, Franchisee or Licensee.