Revised as of January 1, 2020
Terms and Conditions of Sale – Consumer Contracts & Installations
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. (the Company):
- 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”.
- 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.
- Cancellation: Customer has the right to cancel this agreement or work order within two (2) business days of date agreement was signed or agreed to electronically, as long as it was requested before installation date, or 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;
- 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.
- 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.
- Restocking fee. In case of customer cancellation of this agreement/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 25% from the total job will be applied against customer’s deposit. Remaining deposit will be immediately refunded to customer.
- 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.
- 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.
- Quoted Pricing is valid for 30 days from date of quote unless otherwise noted by the Company in writing on this agreement or quote.
- 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.
- 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 this contract. If Customer shall fail to give such notice, the work shall be deemed accepted and to conform to the terms of the contract of sale, and Customer shall be bound to pay for the work in accordance with the terms hereof.
- 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.
- Limited Warranty
- The Company warrants its doors and operators in accordance with the respective manufacturers warranty period. The installation or “labour” component is guaranteed by the Company for a period of 12 months from the date of installation to provide worry free and safe operation of the products installed. Any mechanical failure that occurs that is the result of incorrect/improper installation on the part of the original installer and/or manufacturer defect will be repaired at no cost to the owner/customer during this warranty period. The Company has sole right to determine nature and cause of the failure. Warranty does not apply to any product that, in the judgment of the Company’s representative was subjected to misuse or neglect or has been altered in any way that may have impaired its safety, operation or efficiency, or to any product that has been subjected to an accident or damage by external forces and/or acts of God.
- Service under this warranty is only provided at no charge during regular business hours which is Monday to Friday from 8:00am to 4:30pm. If service is required outside of regular business hours, the consumer/customer/homeowner may be required to pay additional charges and overtime rates or the difference in cost versus a regular time service response.
- Any and all service and/or adjustments performed during the warranty period to the products installed must be performed by the Company or its duly authorized agent; otherwise the entire warranty becomes void. Use of lubricants that are not specific garage door lubricants will void the warranty—please ensure you use proper garage door lubricants as other products will damage components. The installation or “labour” warranty expires after 12 months following the original installation date of a garage door system or 90 days following any repair service date, however the manufacturer’s warranty may continue beyond this period of time depending on the product installed. Please see the manufacturer’s warranty included with the product ordered/installed for specific details, inclusions, exclusions, terms and conditions.
- No warranty is made with respect to used, reconstructed, refurbished or previously owned materials, which will be so marked on the face hereof and, unless otherwise indicated on the face hereof, shall be sold, “As Is”.
- WHAT IS NOT COVERED
- If anyone other the Company or an authorized agent of Company perform any service to a new or repaired product or part provided by the Company the entire warranty shall become void. This warranty also does not cover consequential or incidental damages, such as damage or injury to a person or property because a garage door, component, attachment, accessory or part thereof did not operate properly. This warranty does not cover problems, damages or injury caused by abuse, misuse, neglect, civil disturbances or Acts of God.
- Photo Safety Sensors, Wall Stations, Force/Limit Settings & Radio Controls - These items are installed, configured and/or set at the time of installation of your garage door opener and a subsequent test of the garage door system is completed upon install thus any additional services to adjust, reprogram or reset these items post installation are not covered under warranty. Customers should familiarize themselves with the user guide included with the garage door opener to prevent unnecessary costs for non-warranty service calls.
- Other Warranties & Programs: For Limited Lifetime Warranties or if you purchased a separate Service Package, DoorGuard™ or DoorGuard-Pro™ or other Company offered and accepted Extended Warranty Program you may have additional coverage’s and protections which are contained in the individual terms and conditions for those products and are provided to you at time of purchase of said products and shall supersede some or all of the warranty terms and conditions contained in this document.
- The Company and original manufacturer reserves the right to make product changes without prior notice. Warranties implied by law are limited in duration to the time limits described above.
- How to Get Service: If you have a problem or question, please contact us at (604) 526-1086 or firstname.lastname@example.org
- How Provincial Law Applies: This warranty and 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.
Each Garage Door Depot location or business entity is either a Franchisee or Licensee and is independently owned and operated. The international franchisor/licensor and/or owner of the registered trademarks of The Garage Door Depot has no obligation to you under this Warranty and shall not be responsible or otherwise liable for any injury, loss, or damage resulting from, occasioned to or suffered by any person or persons or to any property because of any products sold or services provided by another branch, location, person, Franchisee or Licensee.
The Customer acknowledges the he/she has read, understands and agrees to these terms and conditions. The prices, specifications and conditions shown here satisfactory and hereby accepted. The Company is authorized to do the work as specified.