- Confirmation of Agreement -By submission of an order on this Site or via phone, the Buyer acknowledges an agreement for the sale and purchase of residential or commercial garage doors, in which Buyer agrees to purchase, and UPRIGHT GARAGE DOOR SERVICES (Seller) agrees to sell such product to Buyer at the listed price on the Site, subject to Terms and Conditions listed below. At the order’s submission, Buyer acknowledges the understanding and acceptance of the Terms and Conditions contained herein. All Terms and Conditions, including the Terms and Conditions for the use of the site applies to any and all sales between the Seller and Buyer, and shall not be modified, amended, or waived without the express written consent of the Seller. Any Terms related to any other purchase or agreement issued by the Buyer that conflicts with these Terms and Conditions shall have no effect or force.
- Purchase Price and Payment -Prices are as declared on the Site and include base price plus any related options and accessories, as well as delivery. Purchase price must be paid in full prior to production, and Seller is not obligated to begin production or deliver Product until full payment is received. Upon submitting an order through the Site, Buyer agrees to pay for Product in full, and acknowledges responsibility for taxes, permits, and other fees that are required by federal, state, or local laws. ALL SALES ARE FINAL
- *Delivery – The expected delivery dates are set in forth by Site, and are acknowledged in Seller’s receipt, however, payment in full does not guarantee the date of delivery. When product reaches Buyer, an inspection should be made at precise time of delivery, with any damages, missing items, or incorrect items clearly noted within three to five days. If such notations are not made, any claims shall be waived. Delivery that is included with the purchase of our installation option is limited up to 200 miles of Fort Wayne, Indiana 46835.
- Risk of Loss – Buyer shall understand and agree that Seller may contract delivery of product with an independent carrier, with the carrier accepting the risk of loss while Product is in transit. Upon their arrival, Buyer bears risk of loss and any liabilities that may occur.
- Damage as a Result of Delay or Cancellation – Seller will implement good faith to meet stated delivery dates and is not liable for damages which are a result of Seller’s delay providing that it is acted in good faith. Seller is not liable for damages which are a result of Buyer notifies Seller to cancel or hold the order after production of Product. If a hold is placed on order prior to the start of production of Goods, Buyer is liable for cost or damages Seller may incur as a result of the delay. If Buyer requests a cancellation or hold after production of Product has begun, Buyer remains liable for the full contract price of the Product.
- Specifications – Product shall conform to the specifications as stated on Site except in the case where it is agreed upon by Buyer and Seller both, in writing. It remains Buyer’s sole responsibility to ensure that said specifications adhere to building and insurance codes.
- Resale of Product – Should Buyer default on any of the obligations, Seller has the right to sell said Product to a third party as the same price as the contract. Buyer remains liable for any damages as a result of the default.
- Force Majeure – Seller and Buyer understand that production and/or delivery can be delayed or interrupted by occurrences beyond their controls, including but not limited to: an act of God, war, riot, sovereign conduct, or conduct of third parties. Should this occur, Seller shall be excused from production for as long as is reasonably necessary, and is not liable to Buyer for loss of use or damages as a result.
- Indemnification – Buyer shall indemnify and hold Seller and all agents or representatives free and harmless from any and all claims, demands, loss, liability or expenses, including reasonable attorney’s and court fees, resulting from (i) the injury to or death of any person or persons and (ii) damage to property of any person relating to the Product purchased in which injury or damage is caused by or arises out of the negligence of Buyer, the improper installation of the Goods by Buyer or its agents, or the condition of Buyer’s property.
- Assignment – Customer may not assign, transfer or delegate any of its rights or obligations herein without the prior written consent of UPRIGHT GARAGE DOOR SERVICES, and any purported assignment of such rights or obligations without such consent shall be null and void.
- Severability – If any provision herein is deemed unenforceable by court of competent jurisdiction, the other provisions shall remain in full force and effect as if the unenforceable provision has not been included.
- Limited Warranty – i) UPRIGHT GARAGE DOOR SERVICES warrants to Customer that the Products sold to Customer are, at the time of shipment to Customer from UPRIGHT GARAGE DOOR SERVICES, free from defects in materials and workmanship. ii) With respect to claims for workmanship, this warranty shall be valid for a period of 12 months from the date of installation. Notwithstanding anything to the contrary contained herein, the warranty period for equipment installed by UPRIGHT GARAGE DOOR SERVICES, including Garage doors, Garage Doors opener’s mechanical and electronic interfaces and all similar devices, is in all cases limited to the warranty provided by the relevant manufacturer. iii) The warranty herein applies only to Customer as the original purchaser from UPRIGHT GARAGE DOOR SERVICES and may not be assigned, sold or otherwise transferred to any third party. iv) As Customer’s sole and exclusive remedy under this warranty, UPRIGHT GARAGE DOOR SERVICES agrees either to repair or replace, at UPRIGHT GARAGE DOOR SERVICES' sole option, any part or parts of such material which, under proper and normal conditions of use, proves to be defective within the applicable warranty period. Alternatively, UPRIGHT GARAGE DOOR SERVICES may at any time, in its sole discretion, elect to discharge its warranty obligation hereunder by accepting the return of any defective Product pursuant to the terms set forth herein and refunding the purchase price paid by Customer. v) This warranty does not cover loss, damage, or defects resulting from improper or inadequate maintenance by Customer, Customer-supplied materials, unauthorized modification or misuse, operation outside of the environmental specifications for materials or improper site preparation or maintenance, repair’s performed by UPRIGHT GARAGE DOOR SERVICES' technicians on existing garage doors or garage door openers not purchased from UPRIGHT GARAGE DOOR SERVICES vi) 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”.
UPRIGHT GARAGE DOOR SERVICES MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, GARAGE DOOR SUPPLY HOUSE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS, UPRIGHT GARAGE DOOR SERVICES NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS CUSTOMER’S ACCEPTANCE OF ANY QUOTATION IS EXPRESSLY SUBJECT TO CUSTOMER’S ASSENT TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH IN UPRIGHT GARAGE DOOR SERVICES' QUOTATION, AND CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE CONCLUSIVELY PRESUMED FROM CUSTOMER’S SUBMISSION OF ITS PURCHASE ORDER. NO ADDITION TO OR MODIFICATION OF SAID TERMS AND CONDITIONS SHALL BE BINDING UPON UPRIGHT GARAGE DOOR SERVICES UNLESS SPECIFICALLY AGREED TO BY GARAGE DOOR SUPPLY HOUSE IN WRITING. IF CUSTOMER’S PURCHASE ORDER OR OTHER CORRESPONDENCE CONTAINS TERMS OR CONDITIONS CONTRARY TO OR IN ADDITION TO THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN UPRIGHT GARAGE DOOR SERVICES' QUOTATION, ACCEPTANCE OF ANY ORDER BY UGS SHALL NOT BE CONSTRUED AS ASSENT TO SUCH CONTRARY OR ADDITIONAL TERMS AND CONDITIONS OR CONSTITUTE A WAIVER BY UPRIGHT GARAGE DOOR SERVICES OF ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN UPRIGHT GARAGE DOOR SERVICES' QUOTATION. UPRIGHT GARAGE DOOR SERVICES' ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS. NO MODIFICATION OR WAIVER OF THESE TERMS AND CONDITIONS IS VALID, UNLESS CONFIRMED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF UPRIGHT GARAGE DOOR SERVICES.