| |
|
|
General
Terms Christmas by Design ("CBD") guarantees the quality of its decorations and workmanship for a period of one season. Should Purchaser have any problems with its new lights or decorations, CBD will endeavor to correct them as soon as practicable. CBD offers one free bulb replacement service, at no charge, on all new décor. Purchaser should turn lights on for several hours over the first three evenings to test lighting program. This will allow corrections and bulb replacements as soon as possible in order to maximize enjoyment of the decorations. Repairs needed due to vandalism, neglect, damage caused by animals or vehicles, or Purchaser’s actions or inactions, alterations made by Purchaser after installation, or weather conditions are not warranted and services calls will be billed accordingly.
Purchases of new decorations (new Décor) are subject to the Installation Accessory Charge percentage as detailed on the proposal. This charge is expressed as a percentage of the New Décor cost, and covers the cost of all fasteners, extension cords, adapters and other supplies that will be required to install and customize the new decorations. This charge applies only to New Décor.
Take down, mapping, removal and packaging of decorations is not included in the installation price. This service is optional, and the charge is expressed as a percentage of the total New Décor cost and the total Owned Décor cost. The take down percentages that apply are indicated on the proposal. This service is billed upon completion, at which time payment is due. Additional charges may apply upon reinstallation if CBD does not perform take down.
All decorations will be installed and reinstalled in working order. Any service call that is warranted by CBD’s own actions is at no charge. However, all other service calls as a result of the items mentioned above, or by any other reason that is not the fault of CBD, such as lights becoming unplugged, Purchaser-supplied timer problems, automobiles causing damage, etc. are billed at $100 per hour plus the cost of any materials. If Purchaser makes any alterations or modifications to the décor after installation, including but not limited to, overloading extension cords, plugs, circuits, and/or modifications to existing electrical supplies, then all warranties become null and void. Appointments for service calls will not be taken, and available service call dates will be severely limited and fixed to a single day of the week during the holiday season (to be determined). Purchaser must be available, if necessary, on that service call date. TERMS & CONDITIONS A non-refundable deposit of 50% is required at the time the order is placed and to secure an installation date. Full and final payment is due on the installation date. Purchaser will make the necessary arrangements to have the final payment ready on the date of installation. In the event that monies due are not timely paid, CBD reserves the right to either charge a finance charge in the amount of 18% per annum, or as allowed by law, or to remove all decorations.
It is the responsibility of Purchaser to ensure that all electrical needs and requirements for its new products are met prior to installation. Purchaser further acknowledges that it has fully researched the electrical requirements, amperages, and useful lifespan of all installed holiday lighting products. Purchaser understands that any questions or concerns it may have regarding electrical requirements may be addressed by CBD; however, Purchaser’s own licensed electrician will remain the final authority on all electrical matters. If no such licensed electrician is known to Purchaser, then CBD will be happy to refer one. CBD reserves the right to require an unannounced electrical inspection by a licensed electrician to insure that Purchaser is complying with electrical codes and that no modifications have been made by Purchaser after installation. Any such inspection that CBD feels necessary to schedule will be billed to Purchaser. If the Purchaser is determined to have modified or altered the lighting so as to cause a fire hazard or other such danger, CBD reserves the right to remove all lighting products and Purchaser acknowledges that it will forfeit all monies paid. Any such items removed that have been paid in full by Purchaser will be held in storage so that Purchase may make arrangements to pick up its products. LIMITED WARRANTY AND LIMITATIONS OF LIABILITY AND REMEDIES CBD warrants title that all services and
goods sold hereunder conform to the label description. There is no other
warranty or responsibility of any kind, express or implied, concerning
the goods or services including no implied warranty of merchantability
or fitness of the goods or service for any particular purpose, and no
such warranties shall be implied by law. No liability hereunder shall
be asserted unless any loss, damage, injury, or other claims is reported
in writing within ten days after discovery and failure to give notice
of any claim within such period shall constitute an absolute and unconditional
waiver of such claim. THE EXCLUSIVE REMEDY AGAINST CBD FOR ANY CAUSE OF
ACTION IS A CLAIM FOR DAMAGES AND IN NO EVENT SHALL DAMAGES OR THE RECOVERY
OF ANY KIND AGAINST CBD EXCEED THE PRICE OF THE SPECIFIC GOODS OR SERVICES
WHICH CAUSED THE ALLEGED LOSS, DAMAGE, INJURY OR OTHER CLAIM. CBD SHALL
NOT BE LIABLE AND ALL CLAIMS AGAINST CBD ARE WAIVED, FOR SPECIAL, DIRECT
ORCONSEQUENTIAL DAMAGES OR EXPENSES, OF ANY NATURE INCLUDING BUT NOT LIMITED
TO, LOSS OF PROFITS OR INCOME, CROP OR PROPERTY LOSS OR DAMAGE, LABOR
CHARGES AND FREIGHT CHARGES, WHETHER OR NOT BASED ON CBD’S NEGLIGENCE,
BREACH OF WARRANTY STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION.
The contract shall be goverened by the laws of the state
of Florida, with venue being proper in Manatee County. PRIVACY POLICY (Click HERE for complete Privacy Policy) RETURN / REFUND POLICY (Click HERE for complete Return / Refund Policy)
|
