Terms and Conditions of Use
These Terms and Conditions are a vital part of the agreement outlined on the front side of this document between the Customer and Circle B Overhead Door.
a) The Customer retains the right to cancel this agreement and work order within a span of 3 business days from the date of signing the agreement, provided the request is made prior to the commencement of installation or any on-site work. Such cancellations will incur no financial repercussions or costs to the Customer. (All cancellation requests must be submitted in writing with the Customer’s signature.) The Customer acknowledges that placing a special order (such as custom-made doors or openers, orders for 3 or more items, unique requests, or items not in stock, etc.) with Circle B Overhead Door will result in a complete waiver of the cancellation right, and the Customer will assume financial responsibility for all work carried out as per this agreement.
b) If the Customer opts to cancel this agreement/work order after the initial 3 business days from the agreement’s signing date but before the scheduled installation date, a restocking fee amounting to 25% of the total job cost will be levied against the Customer’s deposit. The remaining portion of the deposit will be promptly refunded to the Customer.
2. Dates and Prices
a) All commencement dates for installation, as mentioned on the front side of this document, are approximate and are subject to the availability schedule of Circle B Overhead Door. Circle B Overhead Door will exert reasonable efforts to adhere to the quoted date(s). However, Circle B Overhead Door will not be held accountable for failure to meet the specified dates or for any delays in performance due to unforeseen circumstances, shortages beyond control, causes outside its jurisdiction, or voluntary or mandatory compliance with governmental acts, regulations, or requests. In situations where Circle B Overhead Door’s supplies of the covered equipment or service (referred to as the Product(s) herein) are limited due to such circumstances, Circle B Overhead Door reserves the right to apportion the available supply among its customers at its sole discretion.
b) In the event that the Customer requests alterations to the estimated installation or completion dates, introduces delays in delivery, demands shipment of the Products to an alternate location other than the initially designated delivery site, or seeks additional work not originally stipulated in this agreement, the previously established prices shall no longer be applicable.
The Customer commits to thoroughly examine and provide written authorization for all designs, Products, and installation instructions before any work outlined in this agreement begins. Circle B Overhead Door does not assume any responsibility and shall not be held liable for work conducted by Circle B Overhead Door in adherence to the provisions outlined in those designs, Products, or instructions.
Upon receiving notification from Circle B Overhead Door that the order is finished, the Customer must promptly inspect the work carried out herein. Within a period of three (3) business days following receipt of the completed work, the Customer must provide written notice to Circle B Overhead Door concerning any claims regarding work that deviates from the stipulations within this contract. Should the Customer neglect to provide such notice, the work will be considered accepted and compliant with the sales agreement terms. As a result, the Customer will be obligated to remit payment for the work in accordance with the conditions outlined herein.
5. Payment and Credit Terms
Upon the Customer’s execution of this contract and order, a payment of 33% of the contract price indicated on the front side of this document shall be remitted to Circle B Overhead Door unless otherwise specified on the front side. In cases where full payment is not made upfront, the Customer agrees to settle the remaining balance upon the successful completion of the installation services outlined on the front side. No cash discounts will be provided, and no requests for discounts will be entertained after the completion of services. The Customer hereby waives any entitlement to refunds, with a policy of “No Exchange, No Refunds” in place.
Outstanding account balances that are not settled in accordance with these terms are subject to the maximum prevailing legal interest rate calculated from the date of delinquency. In circumstances where Circle B Overhead Door deems it necessary to engage an attorney or an agent for the collection of overdue accounts, the Customer shall bear all collection costs, including but not limited to reasonable attorney’s fees and court charges.
The Customer acknowledges that Circle B Overhead Door retains a security interest in the Products sold as part of this agreement to secure any outstanding portion of the price not paid upon delivery. Circle B Overhead Door reserves the right to request the execution of a security agreement, as required by Circle B Overhead Door, which may be filed at Circle B Overhead Door’s discretion with appropriate local, state, or relevant authorities.
Should the Customer become delinquent in the payment of any sum due under this agreement, or if the Customer becomes insolvent, or if bankruptcy or similar proceedings are initiated under relevant laws for the Customer’s reorganization or debt adjustment, Circle B Overhead Door is not obligated to continue its performance.
Circle B Overhead Door retains the right to modify the credit terms outlined herein if, in the opinion of Circle B Overhead Door, the Customer’s financial condition or payment history justifies such a change. In the event that, within thirty (30) days of receiving written notification about such alterations, the Customer disagrees with and adhere to the revised credit terms or fails to provide satisfactory assurance of timely performance, Circle B Overhead Door reserves the right to consider such failure or refusal as a repudiation by the Customer of the portion of the purchase order not yet fully executed. In such cases, Circle B Overhead Door may remove all equipment installed by Circle B Overhead Door under this agreement from the Customer’s premises.
The Customer assumes full responsibility for the final settlement of all sales taxes or any applicable taxes. In instances where the Customer asserts that a transaction is not subject to any such tax, claims exemption, or contends that Circle B Overhead Door is not obligated to collect said tax, the Customer agrees to furnish Circle B Overhead Door with any requisite documentation to substantiate such a claim.
The purchase price of the Products sold under this agreement does not encompass installation services or labor costs. In cases where Products necessitate installation by Circle B Overhead Door’s service personnel, the onus lies with the Customer to ensure that the site is suitably prepared and equipped in terms of environmental conditions and required amenities such as power, water, drainage, air, bottled gases, permits, licenses, approvals, and the like. Please fulfill these prerequisites before Circle B Overhead Door’s service personnel arrive at the agreed-upon installation site to avoid Circle B Overhead Door imposing a service charge to compensate for the lost time of its service personnel.
Given that Circle B Overhead Door’s service personnel will need to access the Customer’s premises, the Customer hereby commits to maintaining a safe environment on its premises and abiding by all relevant laws, statutes, and regulations pertaining to workplace health and safety. The Customer acknowledges full accountability for any injuries, damages, or liabilities arising from work performed by Circle B Overhead Door’s personnel while on the Customer’s premises, except in instances solely attributable to the gross negligence or deliberate misconduct of Circle B Overhead Door’s personnel.
8. Limited Warranty
i) Circle B Overhead Door affirms that, at the time of shipment from Circle B Overhead Door to the Customer, the Products sold to the Customer are devoid of defects in materials and workmanship.
ii) Pertaining to claims related to workmanship, this warranty remains valid for a duration of 12 months starting from the date of installation. Notwithstanding any contrary provisions contained herein, the warranty period for equipment installed by Circle B Overhead Door, including garage doors, garage door openers, mechanical and electronic interfaces, and comparable devices, is universally restricted to the warranty furnished by the relevant manufacturer.
iii) This warranty applies solely to the Customer as the original purchaser from Circle B Overhead Door and is not transferable, assignable, or salable to any third party.
iv) As the sole and exclusive recourse under this warranty, Circle B Overhead Door commits to either repairing or replacing, at Circle B Overhead Door’s sole discretion, any part or components of such materials that prove to be defective within the stipulated warranty period under appropriate and normal usage conditions. Alternatively, Circle B Overhead Door may, at its sole discretion, fulfill its warranty obligation herein by receiving back any flawed Product per the stipulations outlined herein and issuing a refund for the purchase price paid by the Customer.
v) This warranty does not encompass loss, damage, or defects arising from inadequate or improper maintenance by the Customer, materials provided by the Customer, unauthorized alterations or misuse, operation outside the material’s specified environmental parameters, improper site preparation or maintenance, or repairs conducted by Circle B Overhead Door’s technicians on existing garage doors or garage door openers not procured from Circle B Overhead Door.
vi) No warranty is extended to used, reconstructed, refurbished, or previously owned materials. Such items will be clearly labeled on the front side of this document and, unless stated otherwise on the front side, will be sold “As Is.”
CIRCLE B OVERHEAD DOOR COMPANY DOES NOT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. THE REMEDIES LAID OUT HEREIN ARE THE EXCLUSIVE AND SOLE REMEDIES AVAILABLE TO THE CUSTOMER: Circle B Overhead Door shall not be held accountable for any indirect, special, incidental, consequential, or punitive damages, regardless of whether they arise from contract, tort, strict liability, or any other legal basis. These damages are associated with the design, production, sale, delivery, installation, service, or usage of the Products. Circle B Overhead Door neither assumes nor permits any other entity to undertake additional liability pertaining to the design, production, sale, delivery, installation, service, or usage of the Products.
The Customer’s acceptance of any quotation is explicitly conditional upon their concurrence with all the terms and conditions delineated in Circle B Overhead Door’s quotation. The Customer’s submission of their purchase order is construed as conclusive assent to these terms and conditions of sale. Any alterations or additions to these terms and conditions will be legally binding on Circle B Overhead Door only if mutually agreed upon in writing by Circle B Overhead Door.
If the Customer’s purchase order or other correspondence contains terms or conditions that conflict with or supplement the terms and conditions outlined herein or in Circle B Overhead Door’s quotation, the acceptance of an order by Circle B Overhead Door does not signify acceptance of such opposing or supplementary terms and conditions. Nor does it constitute a waiver by Circle B Overhead Door of any terms and conditions set forth herein or in Circle B Overhead Door’s quotation. The acceptance of the Customer’s purchase order by Circle B Overhead Door explicitly hinges on the Customer’s concurrence with these terms and conditions. Any changes or waivers to these terms and conditions are only valid when officially confirmed in writing by an authorized representative of Circle B Overhead Door.
a) Excusable Delays
Circle B Overhead Door shall not be held liable for delivery delays or failures to manufacture or deliver goods arising from acts of God, acts or omissions by the Customer, civil-military authorities, fires, strikes, floods, epidemics, attacks, wars, transportation delays, or other causes beyond Circle B Overhead Door’s reasonable control. This includes but is not limited to delays in acquiring or inability to acquire necessary labor, materials, components, or manufacturing facilities.
b) Governing Law
The sales agreement will follow the laws of the State of Texas, U.S.A., no matter the differences in laws between places. Any disputes arising from the sales contract between the Customer and Circle B Overhead Door shall be resolved in the state or federal courts located in the State of Texas, U.S.A. Both parties hereby consent to the exclusive jurisdiction of these courts for any litigation related to such disputes. The parties clearly decided not to follow the rules of the United Nations Convention on Contracts for International Sales of Goods.
c) Confidential Data and Information
If, in connection with the sale, purchase, use, or maintenance of the Products, Circle B Overhead Door is requested, required, or deems it advisable to provide data or information that it considers proprietary, confidential, or both, Circle B Overhead Door shall not be obligated to furnish such data or information unless The Customer agrees to a deal about how the information will be handled, used, copied, kept, and returned. The form of this agreement is available to the Customer upon request. Circle B Overhead Door does not agree to accept any proprietary or confidential information from the Customer without a written agreement signed by an authorized representative of Circle B Overhead Door.
The Customer is permitted to assign, transfer, or delegate any of its rights or obligations herein with prior written consent from Circle B Overhead Door. Any attempt to assign such rights or obligations without such consent shall be deemed null and void.
Should any provision herein be deemed unenforceable by a court of competent jurisdiction, the other provisions shall remain fully effective and operational as if the unenforceable provision had not been included.
Last Update: August 17, 2023